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PEOPLE v. McCURTIS

Docket No. 31355.

84 Mich. App. 460 (1978)

269 N.W.2d 641

PEOPLE v. McCURTIS

Michigan Court of Appeals.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Michael R. Mueller, Director, Prosecutor's Repeat Offenders Bureau, and Raymond P. Walsh, Assistant Prosecuting Attorney, for the people.

Gerald Brock, for defendant on appeal.

Before: R.B. BURNS, P.J., and BRONSON and D.F. WALSH, JJ.

R.B. BURNS, P.J.

A jury found defendant not guilty of robbery armed, MCL 750.529; MSA 28.797, but guilty of criminal sexual conduct in the first degree, MCL 750.520b(1)(c); MSA 28.788(2)(1)(c). He appeals, arguing the verdicts are inconsistent. We agree.

The amended information in this case charged that defendant "did engage in sexual penetration, to wit: sexual intercourse, with the COMPLAINANT and the sexual...

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