People v. Sanchez

The defendant was convicted by a jury of carrying a concealed pistol, MCL 750.227; MSA 28.424. Prior to the submission of proofs, the parties had stipulated that the weapon involved, a pistol, was not operable.

In post-trial proceedings, the lower court first granted the defendant a new trial due to what it considered to be improper questioning and argument by the prosecutor. Later, the court dismissed *564the case entirely on the ground that the inoperable pistol did not "fall within the statute prohibiting the carrying of a concealed weapon”. The prosecution appeals.

The sole issue raised on…