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PEOPLE v. WALKER

Docket No. 96200.

166 Mich. App. 299 (1988)

420 N.W.2d 194

PEOPLE v. WALKER

Michigan Court of Appeals.

Decided February 2, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of the Criminal Division Research, Training and Appeals, and Janice M. Joyce Bartee, Assistant Prosecuting Attorney, for the people.

Elizabeth L. Jacobs, for defendant.

Before: D.F. WALSH, P.J., and G.R. McDONALD and P. NICOLICH, JJ.

PER CURIAM.

Defendant was charged with possession of a short-barreled shotgun. MCL 750.224b; MSA 28.421(2). At the preliminary examination the gun was described as being a 12-gauge sawed-off shotgun with a 14 1/2 inch barrel and an overall length of thirty-one inches. The district magistrate dismissed the charges, finding that the weapon did not constitute a short-barreled shotgun within the meaning of the statute. The dismissal was later affirmed by the Recorder...

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