People v. Drayton

Michigan Court of Appeals

People v. Drayton

195 N.W.2d 926, 38 Mich. App. 258

CourtMichigan Court of Appeals

DecidedJanuary 27, 1972

DocketDocket No. 8200

StatusPublished

This text of 195 N.W.2d 926 (People v. Drayton) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Drayton, 195 N.W.2d 926, 38 Mich. App. 258 (Mich. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

Defendant was convicted of the crime of rape. MCLA 750.520; MSA 28.788. He appeals as of right from a sentence of 10 to 15 years entered pursuant to that conviction.

Defendant contends that the evidence presented at trial was not sufficient to establish the crime of rape beyond a reasonable doubt. Additionally, the defendant contends that the prosecution did not demonstrate the requisite diligence required when a missing endorsed res gestae witness is not produced at trial.

A review of the record reveals that sufficient evidence was presented at trial to support the court’s determination that the defendant was guilty of rape beyond a reasonable doubt. See People v Jeter, 21 Mich App 158 (1970).

A review of the record also demonstrates that the prosecution established that due diligence was exercised in attempting to produce the missing res gestae witness. Diligence is a matter within the discretion of the trial court and is subject to being overturned on appeal only for clear abuse. People v Alexander, 26 Mich App 321 (1970).

Affirmed.

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