People v. Mabry

Defendant was convicted by a jury of the crime of attempting to procure an act of gross indecency. MCL 750.338; MSA 28.570. The alleged criminal conduct consisted of approaching a security guard in a rest room at Grand Rapids Junior College and offering to perform certain sexual acts with him. The dispositive issue on appeal is whether defendant can be convicted of attempting to procure an act of gross indecency under the facts of this case. We hold that he cannot.

We are in agreement with Judge Bronson’s dissent in the recent decision of People v Masten, 96 Mich App 127; 292 NW2d 171 (1980),…