PEOPLE v. BATTLES # 1

Docket No. 51416.

109 Mich. App. 384 (1981)

311 N.W.2d 793

PEOPLE v. BATTLES # 1.

Michigan Court of Appeals.

Decided September 10, 1981.


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 Timothy L. Cronin, Assistant Prosecuting Attorney, for the people.

Gail Rodwan, Assistant State Appellate Defender, for defendant on appeal.

Before: BASHARA, P.J., and N.J. KAUFMAN and J.L. BANKS, JJ.


J.L. BANKS, J.

Defendant was charged with possession of a "billy" in violation of MCL 750.224(1); MSA 28.421(1). In a jury trial, he was found guilty as charged and sentenced to serve from two to five years imprisonment. We hold that the statute, as applied to a "J.T. Fisherman's Quality Handy Fish Billy", is unconstitutionally overbroad and vacate defendant's conviction.

Defendant was stopped early in the morning by Wayne County Sheriff's deputies after a...

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