Opinion
Docket No. 9202.
Decided June 25, 1971. Leave to appeal denied, 385 Mich. 787.
Appeal from Van Buren, David Anderson, Jr., J. Submitted Division 3 June 10, 1971, at Grand Rapids. (Docket No. 9202.) Decided June 25, 1971. Leave to appeal denied, 385 Mich. 787.
Elmer Lawson was convicted of statutory rape. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William C. Buhl, Prosecuting Attorney, for the people.
Neal Grier, for defendant.
Before: R.B. BURNS, P.J., and FITZGERALD and J.H. GILLIS, JJ.
The 17-year-old defendant was convicted by a jury of statutory rape, MCLA § 750.520 (Stat Ann 1954 Rev § 28.788). His defense was alibi.
We have reviewed the alleged errors. A proper foundation was laid for the admission of people's exhibit 1 (a pair of sperm-stained panties). It was not error to ask the defendant about his previous criminal record to test his credibility. MCLA § 600.2159 (Stat Ann 1962 Rev § 27A.2159); People v. Nelson White (1970), 26 Mich. App. 35; People v. Cantrell (1970), 27 Mich. App. 210; and People v. Butler (1970), 27 Mich. App. 404. Testimony that the 13-year-old complainant said she had been raped was properly admitted under the ancient rule of the common law that the fact of complaint by a rape victim could be shown in corroboration of the prosecutrix but the details could not. People v. Baker (1930), 251 Mich. 322. The credibility of the witnesses was for the jury to determine. People v. Wolfe (1970), 27 Mich. App. 223.
Affirmed.