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People v. Szymanski

People v. Szymanski, 302 N.W.2d 316 (Mich. Ct. App. 1981)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
January 7, 1981
Docket
No. 46021
Judges
Holbrook, Burns, Borradaile
Citations
302 N.W.2d 316102 Mich. App. 7451981 Mich. App. LEXIS 2665
Cited by 10

Opinion — Per Curiam

Per Curiam.

Defendant was convicted by jury on May 8, 1979, of felonious assault, contrary to MCL 750.82; MSA 28.277. He was sentenced on June 26, 1979, to a prison term of two to four years and now appeals of right. Of the six issues raised by defendant on appeal, only one merits discussion.

Defense counsel at trial indicated to the trial court his belief that felonious assault is a specific intent crime. The trial judge replied that in his estimation felonious assault was not a specific intent crime and stated that he would so instruct the jury. Defense counsel subsequently filed a requested instruction regarding specific intent as an element of felonious assault and objected to the trial court’s failure to give this instruction. Defendant now alleges that the omission of the requested intent instruction constitutes reversible error.

In People v Joeseype Johnson, 407 Mich 196, 210 ; 284 NW2d 718 (1979), decided October 29, 1979, the Court articulated the intent required for conviction of felonious assault:

*747 "2) the jury should be instructed that there must be either an intent to injure or an intent to put the victim in reasonable fear or apprehension of an immediate battery, * * The pivotal question presented here is whether the intent requirements set forth in Joeseype Johnson are applicable to the case at bar, in which the trial concluded more than five months before the decisional date of Joeseype Johnson .

We answer affirmatively and therefore reverse defendant’s conviction.

In his concurring opinion in Joeseype Johnson , Justice Ryan, joined by Justice Fitzgerald, interpreted Joeseype Johnson as a reiteration of the legal principles set forth in People v Sanford, 402 Mich 460 ; 265 NW2d 1 (1978), which, in turn, was a mere restatement and clarification of the law in People v Carlson, 160 Mich 426 ; 125 NW 361 (1910).

We agree that Joeseype Johnson constitutes a restatement and clarification of previously existing Michigan case law and is therefore fully applicable to the instant case. No problem of limiting the application of a new rule of law arises under such circumstances.

People v Kamin, 405 Mich 482, 494 ; 275 NW2d 777 (1979).

Defendant’s remaining allegations of error are not persuasive.

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1981: 61982: 11985: 11987: 219812026peak 1981 · 6

Relies on it most ⓘ

  1. People v. Slager307 N.W.2d 376 (Mich. Ct. App. 1981)
  2. People v. Fernandez417 N.W.2d 540 (Mich. Ct. App. 1987)
  3. People v. McMaster306 N.W.2d 434 (Mich. Ct. App. 1981)
  4. People v. Wilson318 N.W.2d 479 (Mich. Ct. App. 1981)
  5. People v. Longwish310 N.W.2d 893 (Mich. Ct. App. 1981)
  6. People v. Korona326 N.W.2d 143 (Mich. Ct. App. 1982)

Most recent

  1. People v. Fernandez417 N.W.2d 540 (Mich. Ct. App. 1987)
  2. People v. West407 N.W.2d 19 (Mich. Ct. App. 1987)
  3. People v. Johnson368 N.W.2d 736 (Mich. Ct. App. 1985)
  4. People v. Korona326 N.W.2d 143 (Mich. Ct. App. 1982)
  5. People v. Caldwell314 N.W.2d 469 (Mich. Ct. App. 1981)
  6. People v. Wilson318 N.W.2d 479 (Mich. Ct. App. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
People v. Johnson, 284 N.W.2d 718 (Mich. 1979) 84
People v. Sanford, 265 N.W.2d 1 (Mich. 1978) 79
People v. Kamin, 275 N.W.2d 777 (Mich. 1979) 63
People v. Carlson, 125 N.W. 361 (Mich. 1910) 15

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