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PEOPLE v. PERRY

Docket No. 78-1875.

92 Mich. App. 732 (1979)

285 N.W.2d 217

PEOPLE v. PERRY

Michigan Court of Appeals.

Decided October 2, 1979.

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 Andrea L. Solak, Assistant Prosecuting Attorney, for the people.

Daniel J. Blank, for defendant.

Before: BASHARA, P.J., and J.H. GILLIS and V.J. BRENNAN, JJ.

PER CURIAM.

The people appeal from an order of the Detroit Recorder's Court dismissing two counts of possessing a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2).

Two issues are presented on appeal: (1) whether the felony-firearm statute is constitutional, and (2) whether one not in actual possession of a firearm may aid and abet a person who violates the felony-firearm statute.

The Supreme Court has recently disposed of the...

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