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Legal Opinion

People v. Hernandez

Michigan Court of Appeals

Decided June 27, 1972No. Docket 12554PublishedCited by 5 opinions

1Opinion of the CourtMcGregor, P. J.

Defendant Was charged, in a two-count information, with the offenses of kidnapping, MCLA 750.349; MSA 28.581, and rape, MCLA 750.520; MSA 28.788. He was convicted after a jury trial of the lesser included offense of felonious assault, MCLA 750.82; MSA 28.277, and of rape, MCLA 750.520; MSA 28.788.

Defendant was arrested pursuant to an arrest warrant based on a complaint signed by a detective with the Michigan state police as complaining witness. * 1 At the trial, prior to the taking of testi mony, defendant made a motion to dismiss the complaint and the warrant:

"Mr. Bennett [defense counsel]:…

2Cases cited16 opinions

  1. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  2. Frisbie v. CollinsSupreme Court of the United States · 1952
  3. Ker v. IllinoisSupreme Court of the United States · 1886
  4. Lascelles v. GeorgiaSupreme Court of the United States · 1893
  5. People v. MartinMichigan Supreme Court · 1971

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. SzymanskiMichigan Court of Appeals · 1974
  2. People v. HoffmeisterMichigan Court of Appeals · 1974
  3. People v. FerriganMichigan Court of Appeals · 1981
  4. People v. CollinsMichigan Court of Appeals · 1974
  5. People v. HardenMichigan Court of Appeals · 1973

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