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PEOPLE v. GUY

Docket No. 77-1301.

84 Mich. App. 610 (1978)

270 N.W.2d 662

PEOPLE v. GUY

Michigan Court of Appeals.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James Norlander, Prosecuting Attorney, and Theodore P. Hentchel, Assistant Prosecuting Attorney, for the people.

Dobbins & Schaeffer, for defendant.

Before: R.M. MAHER, P.J., and M.F. CAVANAGH and N.J. KAUFMAN, JJ.

PER CURIAM.

We agree wholeheartedly with the conclusion reached in Judge CAVANAGH'S dissenting opinion that MCL 750.224; MSA 28.421 is unconstitutionally vague. We also agree that wherever possible an act should be construed to avoid unconstitutionality, if necessary severing unenforceable provisions.

After much deliberation, however, we cannot see how the statutory provision in question can be saved in this...

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