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PEOPLE v. TERRY

Docket No. 77-2137.

86 Mich. App. 64 (1978)

272 N.W.2d 198

PEOPLE v. TERRY

Michigan Court of Appeals.

Decided September 21, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Don L. Milbourn, Chief Appellate Lawyer, and David Dalenburg, Assistant Prosecuting Attorney, for the people.

Hopping & Boyer, P.C., for defendant on appeal.

Before: N.J. KAUFMAN, P.J., and BEASLEY and P.R. MAHINSKE, JJ.

PER CURIAM.

Defendant was convicted by a jury of felony murder in violation of MCL 750.316; MSA 28.548. After sentence to life imprisonment, he appeals as of right.

The felony-murder charge was based upon an allegation that defendant perpetrated or attempted to perpetrate a rape of a 14-year-old victim.

Prior to trial, defendant moved to quash the information on the grounds that the crime of rape had been...

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