Legal Opinion

People v. Downes

Michigan Supreme Court

Decided April 29, 1975No. 55308, (Calendar No. 13)PublishedCited by 21 opinions

1Opinion of the CourtJ. W. Fitzgerald, J.

Defendant, a physician in general practice, was charged with violation of § 7 of the Uniform Narcotic Drug Act, 1937 PA 343 as amended, 1 in prescribing certain narcotic drugs by written prescription for certain persons known to him to be narcotics users and addicts, otherwise than in "good faith and in the course of his professional practice”. He was convicted by jury verdict. His conviction was affirmed by the Court of Appeals. Concluding that the jury was improperly instructed on the statutory meaning of "good faith”, we reverse and remand for new trial.

Case History

Testimony at trial…

2Cases cited17 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. People v. LiggettMichigan Supreme Court · 1967
  3. People v. NunnCalifornia Supreme Court · 1956
  4. Tozer v. United StatesU.S. Circuit Court for the District of Eastern Missouri · 1892
  5. People v. EllisMichigan Supreme Court · 1918

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3Cited by21 opinions

  1. State v. VaccaroNew Jersey Superior Court Appellate Division · 1976
  2. People v. HarbourMichigan Court of Appeals · 1977
  3. People v. GilliamMichigan Court of Appeals · 1981
  4. Miller v. Riverwood Recreation Center, IncMichigan Court of Appeals · 1996
  5. Elliott v. Genesee CountyMichigan Court of Appeals · 1988

16 more not listed; retrieve them via the Exa API.

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