PEOPLE v. THOMAS

Docket No. 88094, (Calendar No. 7).

438 Mich. 448 (1991)

475 N.W.2d 288

PEOPLE v. THOMAS

Supreme Court of Michigan.

Decided September 9, 1991.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Richard Thompson, Prosecuting Attorney, Michael J. Modelski, Chief, Appellate Division, and Paul J. Fischer, Assistant Prosecuting Attorney, for the people.

Elbert L. Hatchett and Arnold L. Weiner for the defendant.


CAVANAGH, C.J.

Leave was granted in this case to determine whether the circuit court erred in dismissing a common-law felony count of obstruction of justice, MCL 750.505; MSA 28.773. The reason for the dismissal was that the alleged conduct, making a false statement in a police report in support of an arrest warrant, fell within the statutory prohibition of the misdemeanor, failure to uphold the law, MCL 752.11; MSA 28.746(101). We find as follows: first, appellate...

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