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.