Legal Opinion
People v. McPherson
Michigan Court of Appeals
Decided February 3, 1970No. Docket 5,737PublishedCited by 23 opinions
1Opinion of the CourtLesinski, C. J.
In April, 1967, defendant was first tried for the crime of rape, MCLA § 750.520 (Stat Aun 1954 Rev § 28.788). Following his conviction of the lesser included offense of assault with intent to commit rape, MCLA § 750.85 (Stat Ann 1962 Rev § 28.280), defendant moved for and was granted a new trial.
At tbe second trial defendant was again charged with and tried for rape. The jury returned a verdict convicting him of rape. At the sentencing hearing the court held that it was improper for defendant to be convicted of rape, on the grounds that the conviction at the first trial of the lesser included…
2Cases cited22 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Stovall v. DennoSupreme Court of the United States · 1967
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- Palko v. ConnecticutSupreme Court of the United States · 1937
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. CooperMichigan Supreme Court · 1976
- People v. KeattsMichigan Court of Appeals · 1974
- People v. SpencerMichigan Court of Appeals · 1983
- People v. CompianMichigan Court of Appeals · 1972
- People v. McPhersonMichigan Court of Appeals · 1972
18 more not listed; retrieve them via the Exa API.