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PEOPLE v. BUSBY

Docket No. 17302.

56 Mich. App. 389 (1974)

224 N.W.2d 322

PEOPLE v. BUSBY

Michigan Court of Appeals.

Decided November 6, 1974.

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, Appellant Department, and Ronald Weitzman, Assistant Prosecuting Attorney, for the people.

Raymond E. Willis (Defenders' Office — Legal Aid and Defender Association of Detroit), for defendant.

Before: BRENNAN, P.J., and T.M. BURNS and CARLAND, JJ.

CARLAND, J.

Following a preliminary examination, the defendant, Johnny Busby, was charged in a one count information with violating the Controlled Substances Act of 1971 on February 18, 1973. Specifically, the defendant was charged with knowingly or intentionally possessing one capsule each of amobarbital and secobarbital contrary to the provisions of MCLA 335.341(4)(b); MSA 18.1070(41)(4)(b).

There is before this Court the issue of the construction

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