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PEOPLE v. WHITFIELD

Docket No. 72630, (Calendar No. 7).

425 Mich. 116 (1986)

388 N.W.2d 206

PEOPLE v. WHITFIELD

Supreme Court of Michigan.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Deputy Chief, Civil and Appeals, and Thomas M. Chambers, Assistant Prosecuting Attorney, for the people.

Sheldon Halpern for the defendant.

BOYLE, J.

David Whitfield was charged and ultimately convicted of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a). Mr. Whitfield's first trial ended in a mistrial because the jury could not agree on a verdict. A second trial resulted in the conviction challenged in the instant appeal. A divided Court of Appeals panel affirmed the conviction in a per curiam opinion. This appeal followed. Because we agree that prejudicial error occurred...

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