People v. Harmon

Following a jury trial, on a charge of rape, MCLA 750.520; MSA 28.788, defendant was convicted of the lesser included offense of assault with intent to rape, MCLA 750.85; MSA 28.280. On March 15, 1973, defendant was sentenced to a term of 3-1/2 to 10 years in prison, with credit granted for 196 days already spent in jail. Defendant appeals this conviction and sentence as of right.

The dispositive issue before us is whether the trial court’s supplementary instructions on the order in which the jury was to consider the charge and lesser offenses were coercive and reversibly erroneous.

In a…