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PEOPLE v. VAUGHN

Docket No. 27705.

75 Mich. App. 540 (1977)

255 N.W.2d 677

PEOPLE v. VAUGHN

Michigan Court of Appeals.

Decided May 4, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Gerald D. Warner, Prosecuting Attorney, and Gerald W. Gibbs, Assistant Prosecuting Attorney, for the people.

Boeschenstein, Marietti, Mullally & Grimm, for defendant on appeal.

Before: R.M. MAHER, P.J., and D.E. HOLBROOK, JR. and J.T. LETTS, JJ.

PER CURIAM.

Defendant was charged with third-degree criminal sexual conduct contrary to MCLA 750.520d(1)(b); MSA 28.788(4)(1)(b). A jury found defendant guilty of the lesser included offense of fourth-degree criminal sexual conduct, and the court subsequently sentenced defendant to a prison term of 16 months to 2 years.

Appealing as a matter of right, defendant raises three issues. We reverse.

The complaining witness alleged that the incident occurred...

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