PEOPLE v. SMITH

Docket No. 7,672.

23 Mich. App. 619 (1970)

179 N.W.2d 264

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided May 1, 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 Owen J. Galligan, Assistant Prosecuting Attorney, for the people.

Ellmann & Ellmann, for defendant.

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


PER CURIAM.

Defendant was charged with rape. MCLA § 750.520 (Stat Ann 1954 Rev § 28.788). The case was heard by a jury which rendered a verdict convicting defendant as charged. On appeal, defendant asserts that the complaining witness's identification of defendant as her assailant was grossly inaccurate. The record, however, discloses sufficient foundation for an identification by the complainant of her attacker. The witness saw her assailant's face at the...

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