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PEOPLE v. JOHNSON

Docket No. 69553.

134 Mich. App. 303 (1984)

351 N.W.2d 875

PEOPLE v. JOHNSON

Michigan Court of Appeals.

Decided April 30, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Frank J. Bernacki, Assistant Prosecuting Attorney, for the people.

Jerrold B. Sherman, for defendant.

Before: SHEPHERD, P.J., and R.M. MAHER and M. WARSHAWSKY, JJ.

M. WARSHAWSKY, J.

Defendant was charged with carrying a concealed weapon, MCL 750.227; MSA 28.424. The alleged weapon was described in the information as a "pistol, to-wit: a 12-gauge Olin flare gun", which is apparently a type of signaling device. The flare gun was loaded with one live flare at the time defendant was arrested. Defendant waived the preliminary examination and subsequently filed a motion to quash the information. The trial court granted the motion...

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