PEOPLE v. DUFFY

Docket No. 22387.

67 Mich. App. 266 (1976)

240 N.W.2d 771

PEOPLE v. DUFFY

Michigan Court of Appeals.

Decided February 10, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Mihelich & Carlson, for defendant on appeal.

Before: BASHARA, P.J., and D.F. WALSH and W.S. WHITE, JJ.


BASHARA, P.J.

Defendant was convicted by a jury of kidnapping and rape contrary to MCLA 750.349; MSA 28.581, and MCLA 750.520; MSA 28.788, and appeals.

The facts are not in dispute. Defendant appeared in the complainant's backyard, asking permission to look for his son's cat. Permission granted, the complainant returned to bed. Shortly thereafter, she heard noises in her kitchen and found the defendant there with a knife. He forced her to put on a jacket and...

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