PEOPLE v. CUNNINGHAM

Docket No. 170163.

215 Mich. App. 652 (1996)

546 N.W.2d 715

PEOPLE v. CUNNINGHAM

Michigan Court of Appeals.

Decided March 5, 1996, at 9:05 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Justus C. Scott, Prosecuting Attorney, and Kenneth E. Frazee, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Ronald J. Bretz), for the defendant on appeal.

Before: McDONALD, P.J., and WAHLS and D.B. LEIBER, JJ.


WAHLS, J.

A jury convicted defendant of one count of first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2). He was acquitted of three other counts of criminal sexual conduct. Defendant appeals as of right. We reverse.

The complainant, who was from Thailand, testified at trial through an interpreter. She testified that defendant raped her five or six times. Defendant testified that his sexual encounters with the complainant were consensual.

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