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PEOPLE v. HAGER

Docket No. 24295.

72 Mich. App. 664 (1976)

250 N.W.2d 754

PEOPLE v. HAGER

Michigan Court of Appeals.

Decided December 9, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training and Appeals, and Ronald P. Weitzman, Assistant Prosecuting Attorney, for the people.

Michael Finn (Alvin C. Sallen, of counsel), for defendant on appeal.

Before: R.M. MAHER, P.J., and D.E. HOLBROOK and N.J. KAUFMAN, JJ.

N.J. KAUFMAN, J.

Defendant was charged with kidnapping, MCLA 750.349; MSA 28.581, and carnal knowledge, MCLA 750.520; MSA 28.788. Defendant's first trial terminated as a result of a hung jury. Subsequently, on February 11, 1975, defendant was retried and convicted by a jury of assault and battery, MCLA 750.81; MSA 28.276, and assault with intent to rape, MCLA 750.85; MSA 28.280. On March 11, 1975, defendant was sentenced to a term in prison of 90 days on the former...

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