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IN RE PEOPLE v. JORY

Docket No. 93232, (Calendar No. 9).

443 Mich. 403 (1993)

505 N.W.2d 228

In re PEOPLE v. JORY GENESEE PROSECUTOR v. GENESEE CIRCUIT JUDGE

Supreme Court of Michigan.

Decided August 31, 1993.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, and Donald A. Kuebler, Chief, Appellate Division, for the people.

Peter M. Doerr for the defendant.

GRIFFIN, J.

We are called upon to decide whether failure by a seller to disclose the existence of a mortgage on real property sold under a land contract may constitute a false pretense within the meaning of MCL 750.218; MSA 28.415.1 Although we conclude that, under some circumstances, failure to speak when it is necessary to do so can be a false pretense, we reverse the Court of Appeals decision...

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