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PEOPLE v. SMITH

Docket Nos. 74704, 75883. (Calendar No. 11).

425 Mich. 98 (1986)

387 N.W.2d 814

PEOPLE v. SMITH. PEOPLE v. MAYS.

Supreme Court of Michigan.

Argued February 7, 1986.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Donald J. McLennan, Prosecuting Attorney, and Michael A. Nickerson, Assistant Attorney General, for the people in Smith.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, James J. Gregart, Prosecuting Attorney, and Michael H. Dzialowski, Assistant Prosecuting Attorney, for the people in Mays.

State Appellate Defender (by Derrick A. Carter) for defendant Smith.

Milton J. Marovich, P.C., for defendant Mays.

RILEY, J.

The common question in these prosecutions for first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), is whether the trial courts erred so as to require reversal in allowing the examining physicians to testify that the complainants had been sexually assaulted. In Mays, we find the foundation sufficient; however, because the foundation for the testimony was inadequate in Smith, the testimony was improperly admitted. Therefore, we...

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