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PEOPLE v. GUNNETT

Docket No. 112737.

182 Mich. App. 61 (1990)

451 N.W.2d 863

PEOPLE v. GUNNETT

Michigan Court of Appeals.

Decided January 17, 1990.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Joe Filip, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

James Sterling Lawrence, for defendants.

Before: DANHOF, C.J., and MacKENZIE and R.E. ROBINSON, JJ.

PER CURIAM.

Defendants were charged with gross indecency with a person of the opposite sex in violation of MCL 750.338b; MSA 28.570(2). The trial court granted defendants' motion to dismiss, finding the statute unconstitutional as applied to husband and wife. This Court reversed, finding the statute constitutional as applied to the facts of the case, and remanded for trial. People v Gunnett, 158 Mich.App. 420;

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