PEOPLE v. GRENKE

Docket No. 51985.

112 Mich. App. 567 (1982)

316 N.W.2d 494

PEOPLE v. GRENKE.

Michigan Court of Appeals.

Decided January 20, 1982.


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 Frank J. Bernacki, Assistant Prosecuting Attorney, for the people.

Thomas E. Binion, for defendant.

Before: CYNAR, P.J., and V.J. BRENNAN and H.E. DEMING, JJ.


PER CURIAM.

Defendant was charged with possession of a gas-ejecting device, MCL 750.224; MSA 28.421. At the close of proofs in a nonjury trial, the trial judge sua sponte dismissed the case on the ground that the statute under which defendant was charged was vague and overbroad. The people appeal by right.

In holding that the statute prohibiting possession of a gas-ejecting device was unconstitutionally vague and overbroad, the trial court relied upon...

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