PEOPLE v. DEAN

Docket No. 25870.

74 Mich. App. 19 (1977)

253 N.W.2d 344

PEOPLE v. DEAN

Michigan Court of Appeals.

Decided March 2, 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 David A. Potts, Assistant Appellate Counsel, for the people.

Doherty & Thomas, P.C., for defendant.

Before: D.E. HOLBROOK, P.J., and ALLEN and D.C. RILEY, JJ.


D.C. RILEY, J.

Defendant Ghazi Dean, raising two issues, appeals his jury-based conviction on a charge of delivering phencyclidine, a controlled substance, under MCLA 335.341(1)(b), 335.318(1)(b); MSA 18.1070(41)(1)(b), 18.1070(18)(1)(b).

I

At the outset, defendant challenges the constitutionality of MCLA 335.356(1); MSA 18.1070(56)(1), arguing that the section impermissibly shifts to defendant the burden of proving that no exception exists which would...

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