People v. Helzer

Defendant was convicted by a jury of gross indecency. MCLA 750.338; MSA 28.570. On July 7, 1972, he was sentenced to a term of one to five years in prison.

The information alleged that the offense occurred "on or about July 27, 1971”. The complaining witness was nine years of age at the time of the alleged offense. He testified that defendant performed an act of fellatio upon him, but was unable to specify an exact date. He did testify that the incident took place on a weekday, between 3 p.m. and 6 p.m., one or two weeks before the Rogers City Centennial, which began on July 30, 1971. He…