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People v. Nasir

Court of Appeals of Michigan
662 N.W.2d 29 (2003)


Facts

Two state police officers inspected a convenience store managed by Ahmed Nasir (defendant). One of the officers discovered counterfeit tax stamps affixed to tobacco products being sold. The State of Michigan (plaintiff) charged Nasir with possessing or using counterfeit tax stamps in violation of the Michigan Tobacco Products Tax Act. At trial, Nasir requested a jury instruction requiring the state to prove that Nasir knew the stamps were counterfeit and that he had a specific intent to violate state law. The state argued that the Michigan statute created a strict liability offense. The trial court agreed and denied Nasir’s request. Nasir was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Holbrook, Jr., J.)

Dissent (Meter, J.)

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