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PEOPLE v. MOORE

Docket No. 30361.

78 Mich. App. 565 (1977)

260 N.W.2d 3

PEOPLE v. JOHN E. MOORE

Michigan Court of Appeals.

Decided September 21, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and Peter C. Jensen, Assistant Prosecuting Attorney, for the people.

Thick & Bush, for defendant.

Before: DANHOF, C.J., and T.M. BURNS and A.E. KEYES, JJ.

T.M. BURNS, J.

In this case defendant asks that the statutory presumption contained in MCLA 750.230; MSA 28.427,1 which allows conviction for obliterating the identifying marks of a pistol by proof of possession of such a pistol, be declared unconstitutional as a denial of due process.2 Defendant was convicted under this provision in February of 1975 on the basis of the seizure, pursuant to a search warrant...

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