
    PEOPLE v. LOFTON
    Appeal from Genesee, Mansonr (Anthony J.), J.
    Submitted Division 2 December 3, 1968, at Lansing.
    (Docket No. 3,749.)
    Decided December 31, 1968.
    Konald Lofton was convicted of resisting a police officer in discharge of his duty. Defendant appeals.
    Affirmed.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler and Paul G. Miller, Assistant Prosecuting Attorneys, for the people.
    
      Leonard B. Shulman, for defendant on appeal.
   Quinn, J.

The facts of this case may be- found

in People v. Stubbs (1968), 15 Mich App 453. Defendant in this case was charged with the same offense as were Stubbs and Shumpert, but this defendant chose to be tried by the court without a jury. The trial court found Lofton guilty, as did the jury in the case of Stubbs and Shumpert. Our decision in Stubbs, supra, controls.

Affirmed.

T. G. Kavanagh, P. J., and A. 0. Miller, J., concurred.  