People v. McColor

Although none of the assignments of error were properly preserved for appellate review at the trial level, they should be recognized. The defendant did not have a fair trial.

The defendant was charged with assault with intent to commit the crime of murder MOLA § 750.83 (Stat Ann 1962 Rev § 28.278) and was convicted by a jury of assault with intent to do great bodily harm less than the crime of murder. MOLA § 750.84 (Stat Ann 1962 Rev § 28.279).

The complainant had lived in the defendant’s home. They had a falling out and the complainant was asked to leave. The two men met on the street a short…