People v. Insley

Defendant was charged with felonious assault, contrary to MOLA § 750.82 (Stat Ann 1962 Rev § 28.277). He was convicted by a jury of assault and battery, contrary to MOLA § 750.81 (Stat Ann 1962 Rev § 28.276), and was sentenced to serve 90 days in jail or to pay a $100 fine. He appeals as of right.

On the evening of October 31, 1969, eight boys between the ages of 14 and 16 gathered at a residence near the defendant’s home. These boys testified that at about 8:30 p.m. they were standing on property adjacent to the defendant’s residence when defendant approached and ordered them to disperse.…