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PEOPLE v. HELZER

Docket No. 15180.

54 Mich. App. 285 (1974)

220 N.W.2d 735

PEOPLE v. HELZER

Michigan Court of Appeals.

Decided July 22, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Elmer Radka, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, by Howard C. Marderosian, of counsel), for the people.

Roger L. Wotila, Assistant State Appellate Defender, for defendant.

Before: DANHOF, P.J., and QUINN and V.J. BRENNAN, JJ.

DANHOF, P.J.

Defendant was convicted by a jury of gross indecency. MCLA 750.338; MSA 28.570. On July 7, 1972, he was sentenced to a term of one to five years in prison.

The information alleged that the offense occurred "on or about July 27, 1971". The complaining witness was nine years of age at the time of the alleged offense. He testified that defendant performed an act of fellatio upon him, but was unable to specify an exact date. He did testify that the...

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