PEOPLE v. HORTON

Docket No. 55116.

107 Mich. App. 739 (1981)

310 N.W.2d 34

PEOPLE v. HORTON.

Michigan Court of Appeals.

Decided July 8, 1981.


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 Don W. Atkins, Assistant Prosecuting Attorney, for the people.

Gail Rodwan, Assistant State Appellate Defender, for defendant on appeal.

Before: DANHOF, C.J., and CYNAR and MacKENZIE, JJ.


ON REMAND

DANHOF, C.J.

Defendant was tried before a jury on charges of felony murder (rape), MCL 750.316; MSA 28.548, and first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2). He was convicted of felony murder but acquitted of criminal sexual conduct. In People v Horton, 99 Mich.App. 40; 297 N.W.2d 857 (1980), we reversed under the inconsistent verdict doctrine...

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