People v. Johnson

Defendant was convicted by a jury of criminal sexual conduct in the third degree, contrary to MCL 750.520d; MSA 28.788(4). He was sentenced to a prison term of from 5 to 15 years and now appeals as of right.

On December 4, 1974, nine days after the alleged criminal act took place, defendant made a voluntary exculpatory statement to the police explaining his activities on the night in question. The statement was tape recorded. Defendant took the stand during trial and, on cross-examination, the prosecutor attempted to impeach his trial testimony by questioning him about inconsistent remarks…