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PEOPLE v. COOKS

Docket No. 97114, (Calendar No. 11).

446 Mich. 503 (1994)

521 N.W.2d 275

PEOPLE v. COOKS

Supreme Court of Michigan.

Decided August 29, 1994.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training, and Appeals, and Carolyn M. Breen, Assistant Prosecuting Attorney, for the people.

William R. Stackpoole for the defendant.

GRIFFIN, J.

In this case, defendant was charged with one count of first-degree criminal sexual conduct,1 but testimony elicited from the complainant at trial referred to three incidents of sexual penetration. Although the jury was instructed in general terms that its verdict must be unanimous, defendant's conviction of second-degree criminal sexual conduct was vacated by the Court of Appeals because the trial court refused to instruct...

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