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PEOPLE v. McCALEB

Docket No. 9429.

37 Mich. App. 502 (1972)

195 N.W.2d 17

PEOPLE v. McCALEB

Michigan Court of Appeals.

Decided January 17, 1972.

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 Thomas R. Lewis, Assistant Prosecuting Attorney, for the people.

Kenneth A. Webb, for defendant on appeal.

Before: LESINSKI, C.J., and HOLBROOK and VAN VALKENBURG, JJ.

LESINSKI, C.J.

Defendant William McCaleb was convicted by a jury of the crimes of carnal knowledge of a female over 16 years, MCLA 750.520; MSA 28.788, and committing an act of gross indecency between a male and a female, MCLA 750.338(b); MSA 28.570(2). He appeals as of right.

Defendant contends that it was reversible error for the trial court to instruct the jury that as a matter of law the act of fellatio is prohibited by the gross indecency statute, rather...

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