People v. Clark

Full title: PEOPLE v CLARK

Court: Michigan Court of Appeals

Date published: Jul 26, 1973

48 Mich. App. 645 (Mich. Ct. App. 1973)

210 N.W.2d 906

Opinion

Docket No. 15738.

Decided July 26, 1973.

Appeal from Recorder's Court of Detroit, John R. Murphy, J. Submitted Division 1 June 7, 1973, at Detroit. (Docket No. 15738.) Decided July 26, 1973.

Ronald T. Clark was convicted of felonious assault. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Charles Burke, for defendant.

Before: BRONSON, P.J., and V.J. BRENNAN and WALSH,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

The appellant was charged with and convicted by a jury of felonious assault (MCLA 750.82; MSA 28.277) and sentenced to a term of two to four years imprisonment.

The only issue on appeal is whether felonious assault is a specific intent crime.

This court has recently held in People v Rohr, 45 Mich. App. 535; 206 N.W.2d 788 (1973), that specific intent is not an element of the crime of felonious assault. See also People v Burk, 238 Mich. 485, 489; 213 N.W. 717, 718 (1927).

Affirmed.