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PEOPLE v. MARCELLIS

Docket No. 49796.

105 Mich. App. 662 (1981)

307 N.W.2d 402

PEOPLE v. MARCELLIS

Michigan Court of Appeals.

Decided April 22, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Chief Appellate Attorney, for the people.

Myron E. Sanderson, for defendant.

Before: M.F. CAVANAGH, P.J., and ALLEN and J.H. GILLIS, JJ.

M.F. CAVANAGH, P.J.

We adopt the statement of facts as set forth by our brother ALLEN but disagree that People v Loney, 12 Mich.App. 288; 162 N.W.2d 832 (1968), and People v Ewing, 101 Mich.App. 51; 301 N.W.2d 8 (1980), correctly interpret MCL 780.131; MSA 28.969(1). Following instead the rationale...

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