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PEOPLE v. HALE

Docket No. 75834.

142 Mich. App. 451 (1985)

370 N.W.2d 382

PEOPLE v. HALE

Michigan Court of Appeals.

Decided May 6, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Jane Shallal, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Rolf E. Berg), for defendant on appeal.

Before: BRONSON, P.J., and J.H. GILLIS and ALLEN, JJ.

ALLEN, J.

Charged with one count of first-degree criminal sexual conduct, defendant was found guilty by a jury of third-degree criminal sexual conduct, MCL 750.520d(1)(b); MSA 28.788(4)(1)(b). Sentenced November 2, 1983, to serve 10 to 15 years in prison, defendant appeals as of right.

The sole issue raised on appeal is whether the trial court adequately instructed the jury on the defense of consent. The court's instructions on third-degree criminal sexual...

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