PEOPLE v. KARELSE

Docket No. 75603.

143 Mich. App. 712 (1985)

373 N.W.2d 200

PEOPLE v. KARELSE

Michigan Court of Appeals.

Decided June 19, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Gary M. Gabry, Prosecuting Attorney, and Michael A. Nickerson, Assistant Attorney General, for the people.

Fowler, Tuttle & Harley (by Larry D. Fowler), for defendant.

Before: HOOD, P.J., and MacKENZIE and R.D. DUNN, JJ.


PER CURIAM.

Defendant was convicted by a jury of fourth-degree criminal sexual conduct, MCL 750.520e; MSA 28.788(5), for engaging in sexual relations with his 20-year-old mentally retarded daughter. Defendant appeals as of right.

A motion in limine was filed by defendant prior to trial wherein he alleged that his daughter was incompetent to testify. After examining the victim, the court agreed that, despite her apparent ability to tell the truth, the...

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