People v. Smith
Michigan Supreme Court
393 Mich. 432 (1975)
Facts
Smith (defendant) and three others were in a van that was driving erratically. A police officer stopped the van and found an M-1 rifle under one of the seats. Smith was convicted of carrying a concealed weapon in a motor vehicle in violation of M.C.L.A. § 750.227, which prohibited carrying a concealed dagger, dirk, stiletto, or other dangerous weapon except hunting knives. Smith filed a motion to quash, arguing that the indictment charging him with a crime was defective because an M-1 wasn't a dangerous weapon within the meaning of the statute. The trial court concluded that an M-1 was a dangerous weapon and denied the motion. The court of appeals affirmed. Smith filed an interlocutory appeal with the Michigan Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Kavanagh, C. J.)
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