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PEOPLE v. POMEROY

Docket Nos. 62831, 62832. (Calendar Nos. 5, 6).

419 Mich. 441 (1984)

355 N.W.2d 98

PEOPLE v. POMEROY PEOPLE v. FULCHER

Supreme Court of Michigan.

Decided September 18, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Artis M. Noel, Prosecuting Attorney, and Mary C. Smith, Assistant Attorney General, for the people.

Drunk Driving Defense, P.C. (by Henry L. Greenwood), for the defendants.

ON REHEARING

KAVANAGH, J.

The judgments of the Court of Appeals in these consolidated cases were affirmed by an equal division of this Court. People v Pomeroy, 415 Mich. 328; 329 N.W.2d 697 (1982). The cases were submitted for rehearing, which we granted. 417 Mich. 1113.

These cases present the question whether an intoxicated...

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