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PEOPLE v. HARMON

Docket No. 17581.

54 Mich. App. 393 (1974)

221 N.W.2d 176

PEOPLE v. HARMON

Michigan Court of Appeals.

Decided July 23, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David L. Smith, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Edward R. Wilson, III, Director, by William P. Weiner, Special Assistant Attorney General), for the people.

Francis L. Zebot, Assistant State Appellate Defender, for defendant.

Before: McGREGOR, P.J., and R.B. BURNS and O'HARA, JJ.

McGREGOR, P.J.

Following a jury trial, on a charge of rape, MCLA 750.520; MSA 28.788, defendant was convicted of the lesser included offense of assault with intent to rape, MCLA 750.85; MSA 28.280. On March 15, 1973, defendant was sentenced to a term of 3-1/2 to 10 years in prison, with credit granted for 196 days already spent in jail. Defendant appeals this conviction and sentence as of right.

The dispositive...

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