People v. Kelly

Defendant was convicted by a jury of having carnal knowledge of a female over 16 years of age, MCLA § 750.520 (Stat Ann 1954 Rev § 28.788). He raises five issues in this appeal, taken of right.

The complaining witness testified at trial that on the morning of March 16,1968, she was with Anderson Johnson, her companion, in a motel room. At 7 a.m. when she awakened, there was a masked man in the room who was holding a gun on Johnson and herself. The defendant locked Johnson in the bathroom. During the 1/2 hour that the defendant was in the room, he raped the complainant three times. Johnson…