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PEOPLE v. OLIPHANT

Docket No. 14975.

52 Mich. App. 242 (1974)

217 N.W.2d 141

PEOPLE v. OLIPHANT

Michigan Court of Appeals.

Decided March 26, 1974.

Attorney(s) appearing for the Case

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

Allan C. Miller, Assistant State Appellate Defender, for defendant.

Before: QUINN, P.J., and DANHOF and ALLEN, JJ.

DANHOF, J.

Defendant was twice tried before a jury on charges of forcible rape, MCLA 750.520; MSA 28.788, and gross indecency, MCLA 750.338b; MSA 28.570(2). Prior to the first trial which ended in jury disagreement on January 14, 1972, defendant through his then counsel filed a motion for diagnostic commitment for an examination on his competency to stand trial. The record indicates that defendant was not in complete agreement with counsel's desire for such an examination...

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