People v. Hale

Charged with one count of first-degree criminal sexual conduct, defendant was found guilty by a jury of third-degree criminal sexual conduct, MCL 750.520d(1)(b); MSA 28.788(4)(1)(b). Sentenced November 2, 1983, to serve 10 to 15 years in prison, defendant appeals as of right.

The sole issue raised on appeal is whether the trial court adequately instructed the jury on the defense of consent. The court’s instructions on third-degree criminal sexual conduct were taken directly from CJI 20:4:01 and 20:4:06. The instruction on consent, to which no objection was taken, was as follows:

"The Court: The…