PEOPLE v. CENTRAL TRANSPORT, INC.

Docket No. 29013.

76 Mich. App. 185 (1977)

256 N.W.2d 575

PEOPLE v. CENTRAL TRANSPORT, INC. CITY OF DEARBORN v. CENTRAL TRANSPORT, INC.

Michigan Court of Appeals.

Decided June 8, 1977.


Attorney(s) appearing for the Case

William C. Hultgren, Corporation Counsel, and William C. Mulcahy, Assistant Corporation Counsel, for the people of the City of Dearborn.

Albert Green (by Michael T. Zajac), for defendants.

Before: BASHARA, P.J., and QUINN and BEASLEY, JJ.


QUINN, J.

Central Transport, Inc., was convicted in district court of violating § 11.2 (overweight trucks) of plaintiff's traffic code ordinance. Central Transport, Inc. (hereafter defendant) appealed to circuit court, which reversed. The basis of reversal was that scienter was a necessary element of the offense charged and scienter had not been proved. Plaintiff appeals.

The sole issue on appeal is whether scienter is an element of the offense of which...

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