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PEOPLE v. THOMAS SMITH

No. 5 June Term 1972, Docket No. 53,514.

388 Mich. 93 (1972)

199 N.W.2d 179

PEOPLE v. THOMAS SMITH

Supreme Court of Michigan.

Decided July 26, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K. Miller, Prosecuting Attorney, and Donald A. Johnston, III, Chief Appellate Attorney, for the people.

State Appellate Defender Office (by Richard S. McMillin, Assistant Defender), for defendant on appeal.

BLACK, J.

In this prosecution for statutory rape the only question that was raised, saved and is now properly before us is whether the trial judge erred in receiving testimony of the prosecutrix that she and the defendant had sexual intercourse on several occasions subsequent to the date on which, according to her testimony, the offense charged took place.

People v Gengels, 218 Mich. 632 (1922) and People v Trzil, 235 Mich. 469, 473 (1926), the...

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