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PEOPLE v. McPHERSON

Docket No. 5,737.

21 Mich. App. 385 (1970)

175 N.W.2d 828

PEOPLE v. McPHERSON

Michigan Court of Appeals.

Decided February 3, 1970.

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 Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Carl Levin and Arthur J. Tarnow (Defenders' Office — Legal Aid Defenders Association of Detroit), for defendant on appeal.

Before: LESINSKI, C.J., and BRONSON and DANHOF, JJ.

LESINSKI, C.J.

In April, 1967, defendant was first tried for the crime of rape, MCLA § 750.520 (Stat Ann 1954 Rev § 28.788). Following his conviction of the lesser included offense of assault with intent to commit rape, MCLA § 750.85 (Stat Ann 1962 Rev § 28.280), defendant moved for and was granted a new trial.1

At the second trial defendant was again charged with...

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