PEOPLE v. SMITH

Docket No. 5,216.

18 Mich. App. 320 (1969)

171 N.W.2d 15

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided July 28, 1969.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.

Brennan & Kurtz, for defendant on appeal.

Before: T.M. BURNS, P.J., and FITZGERALD and R.B. BURNS, JJ.


PER CURIAM.

Defendant Jerry Smith was tried by a jury and convicted of assault with intent to commit rape contrary to MCLA § 750.85 (Stat Ann 1962 Rev § 28.280). On appeal he contends that certain comments of the prosecutor during rebuttal argument to the jury were so inflammatory as to deprive him of a fair trial. The appellee has filed a motion to affirm the conviction.

The comments complained of...

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