People v. Garrison

Defendant was convicted at a bench trial of criminal sexual conduct in the first degree. Defendant was sentenced to ten to fifteen years imprisonment. We affirm.

At the close of the people’s case, defendant moved to strike all the testimony of the victim based on the court’s noncompliance with MCL 600.2163; MSA 27A.2163, which states in relevant part:

Whenever a child under the age of 10 years is produced as a witness, the Court shall by an examination made by itsele publicly, or separate and apart, ascertain to its own satisfaction whether such child has sufficient intelligence and sense of…