1. Home
  2. Browse Decisions
  3. Mich.
  4. 109 Mich.
  5. 109 Mich. App. 384 (1981)
 

PEOPLE v. BATTLES # 1

Docket No. 51416.

109 Mich. App. 384 (1981)

311 N.W.2d 793

PEOPLE v. BATTLES # 1.

Michigan Court of Appeals.

Decided September 10, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Timothy L. Cronin, Assistant Prosecuting Attorney, for the people.

Gail Rodwan, Assistant State Appellate Defender, for defendant on appeal.

Before: BASHARA, P.J., and N.J. KAUFMAN and J.L. BANKS, JJ.

J.L. BANKS, J.

Defendant was charged with possession of a "billy" in violation of MCL 750.224(1); MSA 28.421(1). In a jury trial, he was found guilty as charged and sentenced to serve from two to five years imprisonment. We hold that the statute, as applied to a "J.T. Fisherman's Quality Handy Fish Billy", is unconstitutionally overbroad and vacate defendant's conviction.

Defendant was stopped early in the morning by Wayne County Sheriff's deputies after a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases