Docket No. 88518.

157 Mich. App. 265 (1987)

403 N.W.2d 117


Michigan Court of Appeals.

Decided January 20, 1987.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert H. Cleland, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people.

State Appellate Defender (by Richard B. Ginsberg), for defendant on appeal.

Before: HOOD, P.J., and T.M. BURNS and J.X. THEILER, JJ.


Following a bench trial, defendant was convicted of assault with intent to commit second-degree criminal sexual conduct, MCL 750.520g(2); MSA 28.788(7)(2). He was sentenced to three to five years in prison with 160 days credit for time served. Defendant now appeals as of right. We reverse his assault conviction.


The victim in this case was a thirteen-year-old girl. The victim testified that on December 7, 1984, she was babysitting...

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