PEOPLE OF MI V DAVID EDWARD COWGILL
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 200700
Berrien Circuit Court
LC No. 96-000649-FH
DAVID EDWARD COWGILL,
Defendant-Appellant.
Before: Gribbs, P.J., and Murphy and Gage, JJ.
MURPHY, J. (concurring).
I concur in affirming defendant’s conviction and sentence. I also would find no error in the trial
court’s pre-trial ruling to exclude the proffered testimony of the two defense witnesses who apparently
would have testified that defendant told them that he and the complainant had consensual sexual
relations before the night of the alleged sexual assault. This testimony, as offered, constituted hearsay
and was appropriately excluded.
/s/ William B. Murphy
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