People v. Brocato

In People v. Brocato, 17 Mich App 277; 169 NW2d 483 (1969), the felony information charged the defendant with taking indecent liberties with a female who was under the age of sixteen. Id. at 281-282. The information also contained a statement that the victim positively knew that the alleged misconduct occurred on Tuesday, September 28, 1965. Id. at 286. The Court held that the trial court erred in failing to instruct the jurors to confine their deliberations to a determination whether the alleged offense took place on September 28, 1965 because there was nothing in the record to indicate that the incident occurred at some other time, and because defendant and his witnesses were able to account for defendant's activities during the specific time period alleged by the victim. Id. at 288.