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PEOPLE v. McCAIN

Docket No. 77-1423.

84 Mich. App. 210 (1978)

269 N.W.2d 528

PEOPLE v. McCAIN

Michigan Court of Appeals.

Decided June 19, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, John Smietanka, Prosecuting Attorney, and Chris W. Dunfield, Assistant Prosecuting Attorney, for the people.

Jack M. Sturwin, for defendant on appeal.

Before: R.B. BURNS, P.J., and J.H. GILLIS and D.C. RILEY, JJ.

D.C. RILEY, J.

Defendant William Sherman McCain was charged with criminal sexual conduct in the first degree, contrary to MCL 750.520b(1)(e); MSA 28.788(2)(1)(e), and convicted of that offense at a jury trial. He raises several issues on appeal, one of which mandates reversal of his conviction.

At defendant's preliminary examination, the complainant testified that on the night in question she was asked by Linda...

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