People v. Martin

Defendant was convicted by a jury of delivery of heroin, MCLA 335.341(l)(a); MSA 18.1070(41)(l)(a), and possession of the same heroin, MCLA 335.341(4)(a); MSA 18.1070(41)(4)(a), and he was sentenced to two concurrent terms of imprisonment. The convictions were affirmed by the Court of Appeals, 53 Mich App 321; 220 NW2d 186 (1974).

This Court granted leave to consider two issues:

1) Whether conviction for both delivery and possession of the same heroin, upon proof of possession incident to delivery only was constitutionally proscribed double punishment?

2) Whether it was reversible error for the…