Opinion
Docket No. 5,262.
Decided April 21, 1969.
Appeal from Bay, Leon R. Dardas, J. Submitted Division 3 January 8, 1969, at Lansing. (Docket No. 5,262.) Decided April 21, 1969.
James W. Moore was convicted of taking indecent liberties with a female child under the age of 16. Defendant appeals. Reversed and remanded.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Martin B. Legatz, Prosecuting Attorney, for the people.
James J. Carras, for defendant.
BEFORE: QUINN, P.J., and McGREGOR and V.J. BRENNAN, JJ.
Defendant was convicted of the crime of indecent liberties, CLS 1961, § 750.336 (Stat Ann 1954 Rev § 28.568) and sentenced to 3 to 10 years in prison. The statute, complaint and record encompass a possible finding of the included offense of assault and battery, yet the trial court refused a request to instruct the jury thereon. This was error necessitating reversal and remand for a new trial.
This holding obviates discussion of other alleged errors.
Reversed and remanded for new trial.