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PEOPLE v. NUGENT

Docket No. 6,036.

21 Mich. App. 58 (1969)

174 N.W.2d 623

PEOPLE v. NUGENT

Michigan Court of Appeals.

Decided December 10, 1969.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief Assistant Prosecuting Attorney and Roger W. Kittendorf, Assistant Prosecuting Attorney, for the people.

Howard R. Grossman, for defendant.

Before: J.H. GILLIS, P.J., and McGREGOR and V.J. BRENNAN, JJ.

V.J. BRENNAN, J.

Richard Elwood Nugent was convicted by a jury of forcible rape* and sentenced to a prison term of 12-1/2 to 40 years. On appeal the only issue is whether the trial court erred by ruling that the rape victim was able to identify the defendant at the trial independently of her observation of the defendant during a lineup conducted without the benefit of counsel and therefore illegally under United States v. Wade...

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