People v. Swearington

Defendant was convicted by a jury of breaking and entering with intent to commit a larceny, MCL 750.110; MSA 28.305, and first-degree criminal sexual conduct, MCL 750.520b(1); MSA 28.788(2)(1), and appeals.

Defendant first argues that the criminal sexual conduct act is unconstitutional on the grounds of overbreadth and vagueness. We need go no further than to note that defendant lacks standing to raise a constitutional challenge to the language of MCL 750.520a(h); MSA 28.788(1)(h). Defendant was not charged with "any other intrusion”; rather, the evidence at trial showed that defendant had…