People v. Bastian

Defendant was tried in circuit court under an information charging statutory rape (CL 1948, § 750.520 [Stat Ann § 28.788]). The trial judge in submitting the case to the jury directed attention to the included offenses, and a verdict was returned that was construed by the court as “guilty of assault with intent to commit the crime of rape.” Sentence was imposed for such offense and defendant, on leave granted] has - appealed. ■ _

The information alleged that the offense was committed on February 26, 1948, in the city of Hancock, upon a girl 15 years of age. It was her testimony on the trial…