PEOPLE v. HEATWOLE

Docket No. 77-1565.

83 Mich. App. 732 (1978)

269 N.W.2d 283

PEOPLE v. HEATWOLE

Michigan Court of Appeals.

Decided June 5, 1978.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Rita Chasting, Assistant Prosecuting Attorney, for the people.

Harvey, Kruse & Westen, P.C. (by Paul Hynes), for defendant on appeal.

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


BASHARA, J.

The majority adopts the statement of facts of the dissent. I hold for reversal in the full knowledge that Judge BEASLEY'S dissent is entirely logical and eminently sound.

However, unlike the dissent, we cannot differentiate the facts of the instant case from People v McGinnis, 402 Mich. 343; 262 N.W.2d 669 (1978). Frankly, I respectfully question the rationale of

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