People v. Bennett

The defendant was convicted by a jury of taking indecent liberties with a 14-year-old boy contrary to MCLA 750.336; MSA 28.568, was sentenced to a prison term of from 2 to 10 years, and appeals as of right. He testified in his own behalf and interposed the defense of alibi.

Defendant asserts that in order to sustain a conviction under MCLA 750.336, supra, there must be proof of an assault which necessarily occasions the taking of indecent liberties. This precise question was before this Court in People v Osborn, 31 Mich App 156 (1971), wherein this Court held that the assault which necessarily…