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PEOPLE v. BANKSTON

Docket No. 23415.

78 Mich. App. 733 (1977)

261 N.W.2d 39

PEOPLE v. BANKSTON

Michigan Court of Appeals.

Decided October 10, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter E. Deegan, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people.

Neal Bush, Assistant State Appellate Defender, for defendant on appeal.

Before: D.C. RILEY, P.J., and BASHARA and P.R. MAHINSKE, JJ.

P.R. MAHINSKE, J.

Defendant, convicted of alteration of a pistol in violation of MCLA 750.230; MSA 28.427, appeals claiming that he could not constitutionally be presumed to have altered the serial number of a gun merely because the gun was found in his possession. For the reasons outlined below, we agree. The remaining issues presented by defendant, dealing with his convictions for armed robbery, MCLA 750.529; MSA 28.797, and felonious assault, MCLA 750.82; MSA 28...

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