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PEOPLE v. KEARNEY

Docket No. 26108.

72 Mich. App. 28 (1976)

248 N.W.2d 687

PEOPLE v. KEARNEY

Michigan Court of Appeals.

Decided October 20, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Raymond L. Scodeller, Prosecuting Attorney, and Lee Wm. Atkinson, Chief Appellate Attorney, for the people.

Foster, Swift & Collins, P.C. (by Webb A. Smith), for defendant.

Before: BRONSON, P.J., and BEASLEY and D. ANDERSON, JR., JJ.

BEASLEY, J.

In this case, defendant, Roger Patrick Kearney, was charged with rape and with assault with intent to rob while armed. The record indicates that on September 26, 1972, defendant obtained entrance into a private home under false pretenses, held a knife to the throat of a housewife, announced a robbery and raped her, accompanied by physical violence, in her own bedroom while her young daughter was in the next...

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