Opinion
Docket No. 10572.
Decided June 29, 1971. Leave to appeal applied for July 14, 1971.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Ronald J. Taylor, Prosecuting Attorney and Ronald R. Moses, Assistant Prosecuting Attorney, for the people.
Murray C. Campbell, for defendant on appeal.
Before: R.B. BURNS, P.J., and FITZGERALD and J.H. GILLIS, JJ.
MEMORANDUM OPINION. Defendant was charged with the statutory rape (MCLA § 750.520 [Stat Ann 1954 Rev § 28.788]) of a 12-year-old girl and was convicted by a jury of the lesser included offense of assault with intent to commit the crime of rape (MCLA § 750.85 [Stat Ann 1962 Rev § 28.280]).
Defendant alleges that the verdict was contrary to law and that there was insufficient evidence to warrant a conviction beyond a reasonable doubt and that prejudicial error occurred on defendant's cross-examination by the prosecuting attorney.
An examination of the record discloses no jurisdictional or fundamental error which would require a reversal of the conviction.
Affirmed.