PEOPLE v. STEVENS

Docket No. 63890.

409 Mich. 564 (1980)

297 N.W.2d 120

PEOPLE v. STEVENS

Supreme Court of Michigan.

Decided October 3, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Chief Appellate Attorney, for the people.

Jacobs & Engle (by Frederick J. Gentner) for the defendant.


PER CURIAM:

The question presented by the defendant's application for leave to appeal is whether a totally inoperable pistol can constitute a "dangerous weapon" so as to support a conviction of felonious assault under MCL 750.82; MSA 28.277. We hold that it cannot.

I

The defendant, while a passenger in a car, pointed a starter pistol at the occupants of another vehicle after an exchange of insults. He was charged under MCL 750.82; MSA 28.277:

...

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