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PEOPLE v. FALCONER

Docket No. 29212.

76 Mich. App. 367 (1977)

256 N.W.2d 597

PEOPLE v. FALCONER

Michigan Court of Appeals.

Decided June 20, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training and Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Joseph P. Zanglin, for defendant on appeal.

Before: D.E. HOLBROOK, P.J., and BASHARA and W.F. HOOD, JJ.

W.F. HOOD, J.

The defendant was charged with possession of heroin with intent to deliver, MCLA 335.341(1)(a); MSA 18.1070(41)(1)(a). After he was bound over for trial, he moved to suppress the heroin based on illegal search and seizure. The motion was granted and the people appeal.

The facts of the defendant's arrest and seizure of the evidence were testified to by the arresting officer who was the only witness at the preliminary examination. The motion to...

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