
    PEOPLE v. MOORE
    Criminal Law — Indecent Liberties — Included Offenses' — Assault and Battery — Instructions to Jury.
    The trial court must charge the jury with the included offense of assault and battery in a prosecution for taking indeeent liberties with a female child under 16 if defense counsel requests such a charge and there is evidence from which the jury could properly find the defendant guilty of the lesser offense (CLS 1961, § 750.336).
    Appeal from Bay, Leon R. Dardas, J.
    Submitted Division 3 January 8, 1969, at Lansing.
    (Docket No. 5,262.)
    Decided April 21, 1969.
    James W. Moore was convicted of taking indecent liberties with a female child under the age of 16. Defendant appeals.
    Reversed and remanded.
    
      jFrank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Martin B. Legatz, Prosecuting Attorney, for the people.
    
      James J. Garras, for defendant.
    BEFORE: Quinn, P. J., and McGregor and V. J. Brennan, JJ.
    Reference for Points in Headnote
    53 Am Jur, Trials § 796 et seqr.
   Per Curiam.

Defendant was convicted of tlie crime of indecent liberties, CLS 1961, § 750.336 (Stat Ann 1954 Rev § 28.568) and sentenced to 3 to 10 years in prison. The statute, complaint and record encompass a possible finding of the included offense of assault and battery, yet the trial court refused a request to instruct the jury thereon. This was error necessitating reversal and remand for a new trial.

This holding obviates discussion of other alleged errors.

Reversed and remanded for new trial.  