People v. Vaughn

Defendant was charged with third-degree criminal sexual conduct contrary to MCLA 750.520d(1)(b); MSA 28.788(4)(1)(b). A jury found defendant guilty of the lesser included offense of fourth-degree criminal sexual conduct, and the court subsequently sentenced defendant to a prison term of 16 months to 2 years.

Appealing as a matter of right, defendant raises three issues. We reverse.

The complaining witness alleged that the incident occurred June 9, 1975, at her home. She testified that the defendant entered her home without permission, grabbed her, shoved her struggling into the bathroom, jerked…