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PEOPLE v. ALLEN

Docket No. 19887.

59 Mich. App. 536 (1975)

229 N.W.2d 835

PEOPLE v. ALLEN

Michigan Court of Appeals.

Decided March 12, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, and Richard G. Bensinger, Assistant Appellate Counsel, for the people.

Barbara L. Betsey, Assistant State Appellate Defender, and Joseph B. Szeremet, Assistant State Appellate Defender, for defendant.

Before: D.E. HOLBROOK, P.J., and R.B. BURNS and VAN VALKENBURG, JJ.

Rehearing applied for.

VAN VALKENBURG, J.

After a jury trial the defendant was convicted of rape. MCLA 750.520; MSA 28.788. He now appeals by leave granted and we affirm.

On January 17, 1973, the complaining witness, who had recently given birth to a child, was visiting friends who were not approved of by her husband. At about 11:00 P.M. her husband called for her and asked her to leave. Outside of the...

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