Michigan Court of Appeals, 1977

People v. Gulley

People v. Gulley
Michigan Court of Appeals · Decided August 16, 1977 · Brennan, Brien, Walsh
78 Mich. App. 694; 261 N.W.2d 2; 1977 Mich. App. LEXIS 1241

People v. Gulley

Opinion of the Court

Per Curiam.

Defendant was found guilty of *695robbery armed, contrary to MCLA 750.529; MSA 28.797, sentenced to life imprisonment and appeals.

The trial court refused to instruct on unarmed robbery as a lesser included oifense. That refusal constitutes reversible error, where the evidence would support a conviction on the lesser charge, People v Jones, 71 Mich App 270; 246 NW2d 381 (1976), where the existence of a weapon was in issue.

Reversed and remanded for a new trial.

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