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PEOPLE v. DeCLERK

Docket No. 19266.

58 Mich. App. 528 (1975)

228 N.W.2d 447

PEOPLE v. DeCLERK

Michigan Court of Appeals.

Decided February 12, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Robert Horn, Assistant Prosecuting Attorney, for the people.

Honigman, Miller, Schwartz & Cohn (by John M. Kamins), for defendant.

Amici Curiae: Michigan Association of Consumer Protection, Michigan Alliance of Consumer Protection, Michigan Mobile Homeowners Association, and Public Interest Research Group in Michigan, by George L. Corsetti, Ernest Jay Olivares, and Carl R. Craig.

Before: QUINN, P.J., and BASHARA and R.M. MAHER, JJ.

Leave to appeal applied for.

BASHARA, J.

Defendant was convicted in a bench trial of violating the Michigan Weights and Measures Act, MCLA 290.631; MSA 12.1081(31), and was sentenced to one day in jail.

It is undisputed that on August 9, 1973, Mr. Ronald R. Reedy, a food inspector for the Michigan Department of Agriculture, the sole prosecution witness, entered a Wrigley Supermarket to test the weight of the contents of pre-packaged meat in the display...

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