People v. Hurd

Defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(l)(d)(ii); MSA 28.788(2)(l)(d)(ii). Sentenced to five to ten years in prison, he appeals as of right.

At trial, the prosecutor’s opening statement included a comment that the proofs would show that, after the sexual assault, defendant "told one of the men to go downstairs and to heat up a coat hanger”, apparently intending to insert it in complainant’s vagina. Although the proofs did establish that, on March 28, 1978, defendant engaged in sexual penetration with the complainant, aided or abetted by two other persons…