People v. Hager

Defendant was charged with kidnapping, MCLA 750.349; MSA 28.581, and carnal knowledge, MCLA 750.520; MSA 28.788. Defendant’s first trial terminated as- a result of a hung jury. Subsequently, on February 11, 1975, defendant was retried and convicted by a jury of assault and battery, MCLA 750.81; MSA 28.276, and assault with intent to rape, MCLA 750.85; MSA 28.280. On March 11, 1975, defendant was sentenced to a term in prison of 90 days on the former charge and from 5 to 10 years on the latter charge.

Defendant first contends that retrial, following declaration of a mistrial by the trial judge…