People v. Fry

Defendant was convicted by a jury of unarmed robbery. MCLA 750.530; MSA 28.798. Defendant was also charged as a habitual criminal. MCLA 769.12; MSA 28.1084. A plea of guilty was entered on this charge. Concurrent sentences of 7-1/2 to 15 years were given by the trial judge.

The complainant, Edward Mohney, was assaulted and robbed. This fact is not disputed or challenged. Mohney and a friend, Bill Britt, were drinking wine at Mohney’s residence. Britt admitted two men, a white and an Indian. All four stayed overnight. The next morning Britt and the two men left. A short time later, the two men…