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PEOPLE v. BRUNDAGE

Calendar No. 11, Docket No. 51,847.

381 Mich. 399 (1968)

162 N.W.2d 659

PEOPLE v. BRUNDAGE.

Supreme Court of Michigan.

Decided December 2, 1968.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Paul E. Braunlich, Prosecuting Attorney, for the people.

Harry A. Lockwood, for defendant.

Amici Curiae:

Prosecuting Attorneys Association of Michigan, by Donald L. Reisig, President, Prosecuting Attorney, Ingham County, and James R. Ramsey, Assistant Prosecuting Attorney, Ingham County.

Retail Gasoline Dealers Association of Michigan, Inc., by Koltys, Miller & Penirian (Bethel B. Kelley, of counsel).

O'HARA, J. (dissenting).

This is an appeal on leave granted to the people of the State of Michigan from an order of the Court of Appeals which reversed appellee's conviction in the circuit court. He had been charged with the operation of a lottery.

The first question we face is what is the right of appeal by the State in a criminal case from an adverse decision by the Court of Appeals?1

There has been no legislative...

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