Opinion
Docket No. 7,736.
Decided August 28, 1970.
Appeal from Genesee, Philip C. Elliott, J. Submitted Division 2 July 28, 1970, at Detroit. (Docket No. 7,736.) Decided August 28, 1970.
Herbert F. Crawford was convicted of taking indecent liberties with a child. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief Assistant Prosecuting Attorney, and James I. Bearinger, Assistant Prosecuting Attorney, for the people.
John T. Connolly, for defendant on appeal.
Defendant was found guilty by a jury of taking indecent liberties with a child and sentenced to a term of 9-1/2 to 10 years in prison. On appeal defendant contends that the court committed reversible error at the conclusion of the case when the court, in its charge to the jury, outlined the people's theory of the case. Defendant contends that the people's theory was not supported by the evidence. No objection was made to the charge as given; and, additionally, our examination of the record discloses that the people's theory, as outlined by the court in its charge, fell within the scope of the proofs.
MCLA § 750.336 (Stat Ann 1954 Rev § 28.568).
It is the well-settled law of this state that errors in the instructions to the jury will not be considered unless preserved by an objection or the error results in manifest injustice. GCR 1963, 516.2; People v. Charles Jackson (1970), 21 Mich. App. 132.
Affirmed.