
    People v Drayton.
    Appeal from Recorder’s Court of Detroit, George W. Crockett, Jr., J.
    Submitted Division 1 December 9, 1971, at Lansing.
    (Docket No. 8200.)
    Decided January 27, 1972.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.
    
      Delia E. Phillips, for defendant on appeal.
    Before: McGregor, P. J., and Bronson and Targonski, JJ.
   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.  