PEOPLE v. HURD

Docket No. 45215.

102 Mich. App. 424 (1980)

301 N.W.2d 881

PEOPLE v. HURD

Michigan Court of Appeals.

Decided December 15, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Gary Dettloff, Assistant Prosecuting Attorney, for the people.

Chari Grove, Assistant State Appellate Defender, for defendant on appeal.

Before: J.H. GILLIS, P.J., and BASHARA and CYNAR, JJ.


J.H. GILLIS, P.J.

Defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(1)(d)(ii); MSA 28.788(2)(1)(d)(ii). Sentenced to five to ten years in prison, he appeals as of right.

At trial, the prosecutor's opening statement included a comment that the proofs would show that, after the sexual assault, defendant "told one of the men to go downstairs and to heat up a coat hanger", apparently intending to insert it in complainant's vagina. Although...

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