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PEOPLE v. PARY

Docket Nos. 3,739 & 4,107.

14 Mich. App. 281 (1968)

165 N.W.2d 336

PEOPLE v. PARY PEOPLE v. BALLOR

Michigan Court of Appeals.

Decided November 26, 1968.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Stephen S. Osinski, Assistant Prosecuting Attorney, for the people.

Donald M. Barton, for defendants.

PER CURIAM:

Defendants were convicted of forcible rape.* Testimony at trial varied, the complaining witness stating that they forced their way into her home, the defendants saying she let them in, and the question ultimately resolved itself into one of consent.

The main contention on appeal, and the one which is dispositive, is the failure of the trial judge to instruct the jury on...

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