PEOPLE v. GARDNER

Docket No. 125213.

194 Mich. App. 652 (1992)

487 N.W.2d 515

PEOPLE v. GARDNER

Michigan Court of Appeals.

Decided July 6, 1992, at 10:05 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, William F. Delhey, Prosecuting Attorney, and David A. King, First Assistant Prosecuting Attorney, for the people.

Mary T. Nemeth, for the defendant on appeal.

Before: REILLY, P.J., and HOLBROOK, JR., and MARILYN KELLY, JJ.


MARILYN KELLY, J.

The police found a loaded gun under the floor mat on the driver's side of an automobile defendant was driving. Defendant was charged and convicted of carrying a concealed pistol in a vehicle. MCL 750.227(2); MSA 28.424(2).

At trial during cross-examination, defense counsel brought out that the police had not attempted to fire the weapon and were not able to state under oath that it was operable. Defendant argues on appeal that the prosecution...

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