People v. Oliphant

Defendant was twice tried before a jury on charges of forcible rape, MCLA 750.520; MSA 28.788, and gross indecency, MCLA 750.338b; MSA 28.570(2). Prior to the first trial which ended in jury disagreement on January 14, 1972, defendant through his then counsel filed a motion for diagnostic commitment for an examination on his competency to stand trial. The record indicates that defendant was not in complete agreement with counsel’s desire for such an examination. Pursuant to GCR 1963, 786.3, defendant was remanded to the Center for Forensic Psychiatry. When the diagnostic report was received…