People v. Jack

Defendant was convicted by a jury of one count of assault with intent to commit the crime of gross indecency, MCLA 750.85; MSA 28.280, and one count of rape, MCLA 750.520; MSA 28.788.

I would reverse.

At the close of the direct examination of the complainant the following exchange took place:

”Q. (By Mr. Babcock): Now, Gail, in this 30 hour ordeal, did Mr. Jack ever mention anything to you about what he did for a living?

"A. He said he steals for his girl friend, Miss Hodge.

"Mr. O’Connell: Your Honor, we ask for a mistrial.

"The Court: The jury is instructed to disregard the last question and…