PEOPLE v. URIEL

Docket Nos. 27202, 27203.

76 Mich. App. 102 (1977)

255 N.W.2d 788

PEOPLE v. URIEL PEOPLE v. NELSON

Michigan Court of Appeals.

Decided June 6, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Becker & Zipser, P.C., for defendants.

Before: QUINN, P.J., and BRONSON and M.J. KELLY, JJ.


M.J. KELLY, J.

Defendants were charged with delivery of a controlled substance, MCLA 335.341(1)(b); MSA 18.1070(41)(1)(b) and MCLA 335.316; MSA 18.1070(16). Following the preliminary examination defendants moved to dismiss on the ground that MCLA 335.311; MSA 18.1070(11) constituted an unlawful delegation of legislative power to an administrative agency. The district court agreed with defendants' assertion, but considered defendants' motion intertwined with the Administrative...

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