PEOPLE v. GATES

Docket No. 7,321.

25 Mich. App. 625 (1970)

181 N.W.2d 620

PEOPLE v. GATES

Michigan Court of Appeals.

Decided July 31, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Donnell P. O'Callaghan, for defendant on appeal.

Before: LESINSKI, C.J., and HOLBROOK and T.M. BURNS, JJ.


PER CURIAM.

After waiver of jury trial, defendant David Quitman Gates was convicted of armed robbery, MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797), and common-law rape, MCLA § 750.520 (Stat Ann 1954 Rev § 28.788).

The complaining witness, a 64-year-old woman, testified that she was attacked at knife point at two o'clock in the morning on August 21, 1965. The assailant was described as...

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