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PEOPLE v. HOY

Calendar No. 18, Docket No. 51,563.

380 Mich. 597 (1968)

158 N.W.2d 436

PEOPLE v. HOY.

Supreme Court of Michigan.

Decided May 6, 1968.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Donald L. Reisig, Prosecuting Attorney, and James R. Ramsey, Assistant Prosecuting Attorney, for the people.

W. Charles Kingsley, for defendant.

Amici Curiae: North American Association of Alcoholism Programs, Area Council on Alcoholism, National Council on Alcoholism, American Civil Liberties Union, and American Civil Liberties Union of Michigan, by: Peter Barton Hult, Richard A. Merrill, and Covington & Burling (Irwin B. Ellmann and Norton J. Cohen, of counsel).

BRENNAN, J.

Frederick Hoy was convicted of being drunk or intoxicated in a public place, third offense.1 Upon a plea of guilty entered October 9, 1964, in circuit court he was sentenced to a term of 1-1/2 to 2 years in State's prison.

A petition to vacate sentence, plea, and for a new trial was filed on his behalf, and on January 22, 1965, a hearing was held on this petition. The twofold thrust of this petition was that the defendant...

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