People v. Sheehy

On February 5, 1970, defendant was convicted by a jury of the crime of rape. He was sentenced on February 18, 1970, to a term of from three to ten years in the state prison. Defendant appeals as of right.

Defendant first contends that the trial court should not have permitted the victim to testify that just prior to committing the rape charged, her assailant committed gross indeceny, i.e. penetration per os, a criminal act in itself under MCLA § 750-.338b (Stat Ann 1954 Rev § 28.570[2]). The trial court ruled that the evidence was admissible as part of the res gestae.

In People v. Savage…