PEOPLE v. STEVENS.
1. Criminal Law—Nonjury Cases—Court op Appeals.
The Court of Appeals will not substitute its judgment for that of the trial judge who tried the ease without a jury, heard the testimony of the witnesses, and observed their demeanoT, where the record is replete with evidence to support finding of guilt beyond a reasonable doubt.
2. Same—Assault with Intent to Commit an Act op Gross Indecency.
~ "Evidence presented in prosecution for assault with intent to commit an act of-gross indecency held, sufficient to support trial judge’s finding of guilt (CL 1948, § 750.87).
References por Points in Headnotes
[1] 5 Am Jur 2d, Appeal and Error § 821.
[2] 6 Am Jur 2d, Assault and Battery §§ 41, 42, 107.
*674AppeaTfrom Ingham; Hughes (Sam Street), J.
Submitted Division 2 October 7, 1965, at Lansing.
(Docket No. 59.)
Decided November 15, 1965.
James G. Stevens was convicted of assault with intent to commit an act of gross indecency, CL 1948, § 750.87. Defendant appeals.'
Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Donald L. Reisig, Prosecuting Attorney, James R. Ramsey, Assistant Prosecuting Attorney, for the people.
W. Charles Kingsley, for defendant.
McGregor, J.
The defendant, James G. Stevens, was convicted by the circuit court for Ingham county, sitting without a jury, of the crime of assault with intent to commit an act of gross indecency. Defendant contends on this appeal that the evidence is insufficient to prove the elements of the crime.
The record is replete with evidence which, if believed, supports a finding of guilt beyond a reasonable doubt. People v. Geddes (1942), 301 Mich 258; People v. Hallman (1941), 299 Mich 657. This Court will not substitute its judgment for that of the trial judge who heard the testimony of the witnesses and observed their demeanor. People v. Martino (1944), 308 Mich 381.
Judgment affirmed.
Quinn, P. J., and Watts, J., concurred.