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PEOPLE v. HOWELL

Docket Nos. 55799, 56180, (Calendar Nos. 3, 11).

396 Mich. 16 (1976)

238 N.W.2d 148

PEOPLE v. HOWELL PEOPLE v. HELZER

Supreme Court of Michigan.

Argued June 5, 1975.

Decided January 27, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, for the people.

William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training & Appeals, and Ronald P. Weitzman, Assistant Prosecuting Attorney, for the people in Howell.

Elmer L. Radka, Prosecuting Attorney, Prosecuting Attorneys' Appellate Service, (by Edward R. Wilson, Director, and Howard C. Marderosian, Special Assistant Attorney General) for the people in Helzer.

Kenneth M. Mogill for defendant Howell.

State Appellate Defender Office (by Roger L. Wotila, Assistant Defender, and Kenneth M. Mogill, of counsel) for defendant Helzer.

Amicus Curiae: Sheridan V. Holzman for American Civil Liberties Union of Michigan.

LEVIN, J.

The question is whether a prosecution may be maintained for assault with intent to commit the crime of gross indecency1 on proof of forced fellatio (Howell) or for committing an act of gross indecency2 on proof of fellatio with a minor (Helzer) against challenges that the statutes are unconstitutionally vague.

Howell sought dismissal of an information...

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