PEOPLE v. SINCLAIR

No. 19 October Term 1971, Docket No. 53,550.

387 Mich. 91 (1972)

194 N.W.2d 878

PEOPLE v. SINCLAIR

Supreme Court of Michigan.

Decided March 9, 1972.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Philo, Maki, Ravitz, Jobes, Cockrel & Robb and Robert Bartels, Hugh M. Davis, and Shellow & Shellow, for defendant.

Amici Curiae:

Sol Plafkin, for State Senators Coleman Young, Basil Brown, and Jack Faxon, and State Representatives Jackie Vaughn III, William Broadhead, James Bradley, Edward Suski, and Daisey Elliott.

Wallace H. Glendening, for American Civil Liberties Union of Michigan.

R. Keith Stroup, for the National Organization for the Reform of Marijuana Laws.

Michael Schuman and Gary Roth, for YPC-Center House of Ferndale.

Bernard D. Fischman, for the American Orthopsychiatric Association, Inc.

Philip J. Hirschkop, for Penal Reform Institute.

David Hood, for New Detroit Subcommittee on Drug Treatment.

Ernest Winsor, for the Committee for a Sane Drug Policy.

Thomas Meyer, M. Gerald Schwartzbach; Glotta, Audelman & Dingus; Gage, Burgess & Knox; Neal Bush; Lafferty, Reosti, Jabara, Papakhian, James & Strickgold; Mark Weiss; and Colista, Moore & Braun, for the Detroit Chapter of the National Lawyers Guild.

Goodman, Eden, Robb, Millender, Goodman & Bedrosian, for Medical Committee for Human Rights.


PER CURIAM:

For the reasons set forth in our several opinions, the judgment of conviction of defendant Sinclair is reversed and set aside and the defendant discharged.

T.M. KAVANAGH, C.J., and T.G. KAVANAGH, SWAINSON and WILLIAMS, JJ., concurred.

SWAINSON, J.

Defendant, John A. Sinclair, was arrested on January 24, 1967, and charged with the unlawful sale1 and unlawful...

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