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PEOPLE v. LYNCH

Docket No. 63061, (Calendar No. 4).

410 Mich. 343 (1981)

301 N.W.2d 796

PEOPLE v. LYNCH

Supreme Court of Michigan.

Decided February 23, 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 Frank J. Bernacki, Assistant Prosecuting Attorney, for the people.

William R. Stackpoole for defendant.

LEVIN, J.

Lynch was charged with possession of a gas-ejecting device.1 He was convicted on his plea of guilty to the reduced charge of attempting to carry a gas-ejecting device.

The Court of Appeals, applying the vagueness test outlined in People v Howell,2 accepted Lynch's argument that the statute was unconstitutionally vague and overbroad and vacated his conviction, saying:

"Thus,...

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