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PEOPLE v. McPHERSON

Docket No. 10773.

38 Mich. App. 534 (1972)

197 N.W.2d 173

PEOPLE v. McPHERSON

Michigan Court of Appeals.

Decided February 24, 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 Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow, State Appellate Defender, and Jane Burgess, Assistant Defender, for defendant.

Before: HOLBROOK, P.J., and T.M. BURNS and DANHOF, JJ.

Leave to appeal applied for.

HOLBROOK, P.J.

This is an appeal from defendant's jury conviction of assault with intent to commit rape (MCLA 750.85; MSA 28.280) following his third trial in the Recorder's Court for the City of Detroit on charges arising out of the same occurrence.

Originally, defendant was tried for the crime of rape (MCLA 750.520; MSA 28.788) and convicted of the crime of assault with intent to commit rape by the recorder's court judge...

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