158869

Summary

The Michigan Supreme Court held that defendant’s convictions for assault with intent to do great bodily harm and felonious assault arising from the same conduct do not violate the multiple-punishments strand of double jeopardy. The court reasoned that the assault-with-intent statute expressly authorizes punishment for any other violation of law arising from the same conduct, making legislative intent to permit cumulative punishment clear. The court also held that the jury’s verdicts were not mutually exclusive because it was not instructed to find that defendant lacked the intent to inflict great bodily harm.