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PEOPLE v. HERNANDEZ

Docket No. 12554.

41 Mich. App. 594 (1972)

200 N.W.2d 447

PEOPLE v. HERNANDEZ.

Michigan Court of Appeals.

Decided June 27, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Raymond L. Scodeller, Prosecuting Attorney, and James R. Ramsey, Assistant Prosecuting Attorney, for the people.

H. Eugene Bennett, for defendant on appeal.

Before: McGREGOR, P.J., and LEVIN and TARGONSKI, JJ.

McGREGOR, P.J.

Defendant was charged, in a two-count information, with the offenses of kidnapping, MCLA 750.349; MSA 28.581, and rape, MCLA 750.520; MSA 28.788. He was convicted after a jury trial of the lesser included offense of felonious assault, MCLA 750.82; MSA 28.277, and of rape, MCLA 750.520; MSA 28.788.

Defendant was arrested pursuant to an arrest warrant based on a complaint signed by a detective with the Michigan state police as complaining witness...

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