People v. McCarver

On Remand

T. M. Burns, J.

The underlying facts of this case are stated in our prior opinion, People v McCarver, 72 Mich App 311; 249 NW2d 403 (1976). In that initial assessment, a majority of the panel concluded that evidence of illegal marijuana possession or use by the defendant was improperly admitted in a prosecution for possession of amphetamines and reversed the conviction. On further appeal, that conclusion was held to be erroneous, People v McCarver, 403 Mich 376; 269 NW2d 186 (1978), and the case returned to us:

"[F]or consideration of the question of whether the testimony of the…