[DOWNLOAD] "People v. Parcha" by State of Michigan Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: People v. Parcha
• Author : State of Michigan Court of Appeals
• Release Date : January 30, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Defendant was convicted by jury of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). The convictions arose out of defendant's nonfatal shooting of his roommate. At trial, the prosecution's theory was that the shooting was intentional, while the defense theory was that the shooting was accidental. Defendant was sentenced to a mandatory two-year term for the felony-firearm conviction and to a five- to ten-year term for the assault conviction. He now appeals as of right. We affirm. Defendant's first argument on appeal is that the prosecution presented insufficient evidence to support his assault conviction. We disagree. In determining whether sufficient evidence has been presented, this Court views the evidence in a light most favorable to the prosecution and determines whether a rational trier of fact could have found that the essential elements of the crime were proved beyond a reasonable doubt. People v Hampton, 407 Mich 354, 366; 285 NW2d 284 (1979). Assault with intent to commit great bodily harm less than murder requires proof of (1) an attempt or threat with force or violence to do corporal harm to another (an assault), and (2) an intent to do great bodily harm less than murder. People v Harrington, 194 Mich App 424, 428; 487 NW2d 479 (1992). Assault with intent to commit great bodily harm is a specific intent crime. People v Mack, 112 Mich App 605, 611; 317 NW2d 190 (1981).

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