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PEOPLE v. OLIPHANT

Docket No. 55781, (Calendar No. 6).

399 Mich. 472 (1976)

250 N.W.2d 443

PEOPLE v. OLIPHANT

Supreme Court of Michigan.

Decided December 31, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Raymond L. Scodeller, Prosecuting Attorney, Lawrence J. Emery, Assistant Prosecuting Attorney, and James R. Ramsey, Special Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Steven L. Schwartz, Terence R. Flanagan and Susan J. Smith) for defendant.

RYAN, J.

Defendant, after one mistrial due to jury disagreement, was convicted on charges of forcible rape, MCLA 750.520; MSA 28.788, and gross indecency, MCLA 750.338b; MSA 28.570(2). After the convictions were affirmed1 defendant was granted leave to appeal by this Court2 so that we might consider the issues raised. Following a brief recitation of the facts, we will discuss the issues in

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