People v. Miller

Defendant was convicted by the court without a jury of'the: crime'of statutory rape in violation of CLS 1961 § 750.520 (Stat Ann 1954 Rev § 28.788). The court sentenced defendant to a prison term of 5 to 15 years. Defendant appeals and asserts as error the claimed duress exerted on the mother of the victim, who testified at the trial. Defendant quotes a part of the testimony wherein the mother in reference to what took place prior to or at the preliminary examination testified as follows :

“He [Mr. Oole, assistant prosecuting attorney] told me that if I didn’t testify that he was going to have…