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PEOPLE v. GUNNETT

Docket No. 90799.

158 Mich. App. 420 (1987)

404 N.W.2d 627

PEOPLE v. DELBERT GUNNETT PEOPLE v. JUDITH GUNNETT

Michigan Court of Appeals.

Decided March 3, 1987.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Joseph S. Filip, Prosecuting Attorney, and Brian E. Thiede, Chief, Appellate Division, for the people.

Gerald A. Sniderman & Associates (by Gerald A. Sniderman), for defendant Delbert Gunnett.

Parker & Adams, P.C. (by James D. Adams), for defendant Judith Gunnett.

Before: HOOD, P.J., and BEASLEY and L. TOWNSEND, JJ.

HOOD, P.J.

The defendants, Delbert James Gunnett and Judith Lynn Gunnett, husband and wife, were charged with gross indecency with a person of the opposite sex in violation of MCL 750.338b; MSA 28.570(2). Defendants moved to dismiss and the lower court, relying upon Griswold v Connecticut, 381 U.S. 479; 85 S.Ct. 1678; 14 L Ed 2d 510 (1965), dismissed the charges, finding:

Inasmuch as the state cannot regulate mutually...

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