People v. McGovern

Under the record on this appeal, I am not able to concur in Mr. Justice WIEST'S opinion for reversal and discharge of defendant.

It may first be noted that the crime of taking indecent liberties charged is not a lesser offense included in the other crime charged — statutory rape. It is an entirely separate offense; but under the statute (Act No. 175, chap. 7, § 82, Pub. Acts 1927, as added by Act No. 309, Pub. Acts 1931 (Comp. Laws Supp. 1940, § 17293-3, Stat. Ann. 28.1022), quoted by my brother, and for reasons which seem obvious, one may be prosecuted under an information which contains…