People v. Miller

Defendants appeal their jury convictions of attempted rape of a female person over the age of 16 years. MCLA § 750.92 (Stat Ann 1962 Rev § 28.287); MCLA § 750.520 (Stat Ann 1954 Rev § 28.788). The information charged the completed offense; and the testimony of the complainant, if believed, established all the elements of the crime of rape, including penetration. The defendants claimed, however, that the complainant voluntarily entered their car and that she freely consented to engage in sexual intercourse. Furthermore, it was claimed that penetration never occurred.

There was testimony that…