People v. Holliday

Defendants were charged in a two-count information with rape and armed robbery, MCLA 750.520; MSA 28.788, and MCLA 750.529; MSA 28.797. They were convicted by a jury of rape; they appeal as of right.

Defendants contend the trial court erred when it failed to instruct the jury sua sponte that the prior inconsistent statements of a res gestae witness could not be considered as substantive evidence and were admissible only for the limited purpose of impeaching credibility.

The complainant testified that she was forced at gunpoint into the defendants’ car. The defendants then forced her to have…