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PEOPLE v. SMITH

Docket No. 13636.

49 Mich. App. 630 (1973)

212 N.W.2d 768

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided September 26, 1973.

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 Thomas M. Khalil, Assistant Prosecuting Attorney, for the people.

Laurence C. Burgess, for defendant.

Before: V.J. BRENNAN, P.J., and LEVIN and O'HARA, JJ.

Leave to appeal applied for.

V.J. BRENNAN, P.J.

Judge LEVIN in his dissent, we believe, has set up a standard which encompasses all gun-in-car cases and because of that reasoning it seems every situation where guns are found under the seat or on the floor and nobody claims them (and why should they) will require dismissal. And this standard we cannot agree to.

The defendant, Robert Early Smith, and three...

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