Opinion
Docket No. 6,061.
Decided January 27, 1969. Application for leave to appeal filed July 1, 1969.
Appeal from Recorder's Court of Detroit, Brennan (Vincent J.), J. Submitted Division 1 December 3, 1968, at Detroit. (Docket No. 6,061.) Decided January 27, 1969. Application for leave to appeal filed July 1, 1969.
Win Bush was convicted of robbery armed. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan. Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.
Frederick B. Benjamin, for defendant on appeal.
Defendant was convicted by a recorder's court judge, sitting without a jury, of robbery armed, CLS 1961, § 750.529 (Stat Ann 1968 Cum Supp § 28.797), and was sentenced to a term of 7-1/2 to 15 years in prison. On appeal he contends that the evidence did not support a finding of guilty beyond a reasonable doubt, and that no competent evidence was introduced to prove the felonious intent necessary to support the conviction. The people file a motion to dismiss or affirm.
A review of the application, the motion to dismiss or affirm, and the transcript demonstrates that there is no merit to defendant's contentions. There was sufficient evidence presented, if believed, to support the conviction. The weight accorded conflicting testimony in a nonjury criminal case is in the province of the trial court. People v. Ritzema (1966), 3 Mich. App. 637.
Affirmed.
J.H. GILLIS, P.J., and QUINN and LEVIN, JJ., concurred.