Docket No. 65865.

157 Mich. App. 767 (1987)

404 N.W.2d 662


Michigan Court of Appeals.

Decided February 18, 1987.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Anthony A. Morton, Prosecuting Attorney, and Thomas C. Johnson, Assistant Attorney General, for the people.

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

Before: R.B. BURNS, P.J., and R.M. MAHER and F.D. BROUILLETTE, JJ.


Defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(1)(e); MSA 28.788(2)(1)(e). He was sentenced to from twenty-seven to ninety-two years in prison. He now appeals and we reverse.

The victim is defendant's estranged wife. Defendant and the victim lived together as man and wife in Oklahoma. The victim left defendant, and Oklahoma, and moved to Michigan. Shortly after her arrival in Michigan, the victim consulted...

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