DocketNumber: Docket No. 7,481
Citation Numbers: 21 Mich. App. 245, 175 N.W.2d 49, 1970 Mich. App. LEXIS 2087
Judges: Gillis, Lesinski, Quinn
Filed Date: 1/29/1970
Status: Precedential
Modified Date: 11/10/2024
Defendant was convicted by jury verdict of assault with intent to commit rape. MCLA § 750.85 (Stat Ann 1962 Rev § 28.280). On appeal, defendant contends that the prosecution failed to identify defendant as the perpetrator of the alleged offense. A review of the record reveals that the testimony of the complaining witness, if believed, was sufficient to identify defendant as her assailant. Her testimony occurred in a context in which it was clear that the witness was referring to defendant.
Affirmed,