People v. Payne

Defendant appeals his April 26, 1977, jury conviction on five counts of first-degree criminal sexual conduct (CSC), MCL 750.520b(l)(f); MSA 28.788(2)(l)(f), and one count of assault with intent to commit criminal sexual conduct, MCL 750.520g; MSA 28.788(7). Defendant was charged with seven counts of CSC I. Counts 1, 2 and 3 charged vaginal intercourse, counts 4 and 5 charged fellatio, count 6 charged anal intercourse, and count 7 charged cunnilingus. Count 3 was dropped, and the jury returned a verdict of the lesser assault offense in count 6. Defendant was sentenced to life imprisonment on…