People v. Clark

On July 20, 1967, a jury convicted defendant Curtis Saul Clark of carrying a concealed weapon.1 Following sentencing* to a prison term of four to five years, defendant appeals as of right.

Defendant’s first claim of error concerns the trial court’s refusal to exclude the weapon from evidence *444as the product of an unreasonable police search and seizure. Before commencement of trial, the court, without an evidentiary hearing, denied defendant’s timely motion to suppress stating, inter alia, that “in any event, the court would feel bound by the provisions of the new Michigan Constitution which…