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PEOPLE v. ALFORD

Docket No. 59557, (Calendar No. 8).

405 Mich. 570 (1979)

275 N.W.2d 484

PEOPLE v. ALFORD

Supreme Court of Michigan.

Decided February 8, 1979.

Attorney(s) appearing for the Case

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

Cyril Abramson for defendant.

Amicus Curiae:

Henry B. Rothblatt (Peres, Carr, Jacques, Batchik & Schmidt, of counsel) for Albert Jack Berg, D.O.

WILLIAMS, J.

We are presented with three issues. First is whether there is a delivery under the Michigan Controlled Substances Act (1971 PA 196, MCL 335.341; MSA 18.1070[41] when a physician gives a prescription or dispenses a box of pills. Second is whether a licensed physician can be prosecuted under MCL 335.341(1)(b); MSA 18.1070(41)(1)(b), for unlawful delivery of a controlled substance. The third is whether as a matter of law the defense of entrapment was established...

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