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PEOPLE v. MITCHELL

Docket No. 56775, (Calendar No. 15).

402 Mich. 506 (1978)

265 N.W.2d 163

PEOPLE v. MITCHELL

Supreme Court of Michigan.

Decided May 1, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward B. Meth, Prosecuting Attorney, and Thomas C. Nelson, Assistant Attorney General, for the people.

State Appellate Defender (by Kenneth D. Lerner) for defendant.

LEVIN, J.

Garry Mitchell was convicted of second-degree murder.

Evidence was admitted over objection that, while awaiting trial in this case, Mitchell made sexual advances to a cellmate and related to him prior homosexual experiences in prison.

The people contend that the evidence was admissible

i) to rebut the defense that Mitchell was himself the victim of a homosexual assault by the person who...

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