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PEOPLE v. WEBB

Docket No. 63387.

128 Mich. App. 721 (1983)

341 N.W.2d 191

PEOPLE v. WEBB PEOPLE v. SANDBERG

Michigan Court of Appeals.

Decided September 14, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Curtis G. Rundell, II, P.C. (by Curtis G. Rundell, II), for Carol Webb.

Stuart L. Young, for Jacob Sandberg.

Before: D.E. HOLBROOK, JR., P.J., and J.H. GILLIS and M.E. DODGE, JJ.

PER CURIAM.

The people appeal, by leave granted, from a circuit court decision and order holding that the child torture statute, MCL 750.136a; MSA 28.331(1), is unconstitutionally vague.

Defendants were charged jointly with two counts of child cruelty, MCL 750.136; MSA 28.331, for their treatment of defendant Webb's two children, Trevor and Derek, and one count of torturing a child, MCL 750.136a; MSA 28.331(1), for their treatment of Derek. Following the preliminary...

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