Legal Opinion

People v. Thomas Smith

Michigan Supreme Court

Decided July 26, 1972No. 5 June Term 1972, Docket No. 53,514PublishedCited by 8 opinions

1Opinion of the CourtBlack, J.

In this prosecution for statutory rape the only question that was raised, saved and is now properly before us is whether the trial judge erred in receiving testimony of the prosecutrix that she and the defendant had sexual intercourse on several occasions subsequent to the date on which, according to her testimony, the offense charged took place.

People v Gengels, 218 Mich 632 (1922) and People v Trzil, 235 Mich 469, 473 (1926), the latter expressly following Gengels, tell us (Gengels at 641):

"In cases involving statutory rape, a qualified exception to the general rule only permits proof of…

2Cases cited16 opinions

  1. Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
  2. People v. JennesMichigan Supreme Court · 1858
  3. Husted v. Consumers Power Co.Michigan Supreme Court · 1965
  4. People v. WilliamsCalifornia Supreme Court · 1901
  5. People v. AbbottMichigan Supreme Court · 1893

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

3Cited by8 opinions

  1. People v. CoffmanMichigan Court of Appeals · 1973
  2. People v. SlovinskiMichigan Court of Appeals · 1988
  3. People v. WorrellMichigan Court of Appeals · 1981
  4. People v. MitchellMichigan Court of Appeals · 1973
  5. People v. MitchellMichigan Court of Appeals · 1973

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

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