PEOPLE v. HASSENFRATZ

Docket No. 47690.

99 Mich. App. 154 (1980)

297 N.W.2d 641

PEOPLE v. HASSENFRATZ

Michigan Court of Appeals.

Decided July 24, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and David A. King, Assistant Prosecuting Attorney, for the people.

Josephson, Fink, Sedo & Darnton, for defendant.

Before: M.F. CAVANAGH, P.J., and D.E. HOLBROOK, JR., and J.H. PIERCEY, JJ.


PER CURIAM.

Defendant was charged with possession of a "Billy, to-wit: a billy club". MCL 750.224; MSA 28.421. The circuit court granted defendant's motion to quash and plaintiff appeals as of right.

The facts indicate that defendant was stopped for a routine traffic violation when a police officer standing beside defendant's vehicle observed an instrument located behind the passenger seat. The officer concluded that the instrument was a "nightstick" or "billy...

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