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PEOPLE v. TAYLOR

Docket No. 24924.

73 Mich. App. 139 (1977)

250 N.W.2d 570

PEOPLE v. TAYLOR

Michigan Court of Appeals.

Decided January 5, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Sally M. Zack, Assistant Prosecuting Attorney, for the people.

Elizabeth Schwartz, Assistant State Appellate Defender, for defendant.

Before: R.B. BURNS, P.J., and QUINN and BEASLEY, JJ.

R.B. BURNS, P.J.

Defendant was convicted by jury of forcible rape. MCLA 750.520; MSA 28.788 (now repealed). He appeals and raises an issue of first impression in this jurisdiction:

"Is testimony revealing defendant's refusal to take a blood test violative of his constitutional privilege against self-incrimination?"

The trial testimony of which defendant complains on appeal was as follows:

"

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