People v. Gardner

The police found a loaded gun under the floor mat on the driver’s side of an automobile defendant was driving. Defendant was charged and convicted of carrying a concealed pistol in a vehicle. MCL 750.227(2); MSA 28.424(2).

At trial during cross-examination, defense counsel brought out that the police had not attempted to fire the weapon and were not able to state under oath that it was operable. Defendant argues on appeal that the prosecution failed to establish its case beyond a reasonable doubt, because it failed to present sufficient proof that the pistol was operable. We affirm.

The parties…