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PEOPLE v. McGILLEN #1

No. 1 March Term 1974, Docket No. 54,319.

392 Mich. 251 (1974)

220 N.W.2d 677

PEOPLE v. McGILLEN #1

Supreme Court of Michigan.

Rehearing denied September 12, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Eugene Penzien, Prosecuting Attorney, and Prosecuting Attorneys Appellate Service (by Howard C. Marderosian), for the people.

Jerome F. O'Rourke (Carl H. Leiter, of counsel) for defendant on appeal.

T.M. KAVANAGH, C.J.

Defendant is over 60 years of age. It is alleged that on two separate occasions, May 23, 1970 and May 31, 1970, he raped1 his 15-year-old daughter, Barbara Jean McGillen.

He was first tried and convicted of the May 31, 1970 offense by a jury. Subsequently, a different jury also found him guilty of the May 23, 1970 offense. Defendant separately appealed both convictions.

On its own motion, the Court of...

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