People v. Dean

Defendant Ghazi Dean, raising two issues, appeals his jury-based conviction on a charge of delivering phencyclidine, a controlled substance, under MCLA 335.341(l)(b), 335.318(l)(b); MSA 18.1070(41)(l)(b), 18.1070(18)(l)(b).

I

At the outset, defendant challenges the constitutionality of MCLA 335.356(1); MSA 18.1070(56X1), arguing that the section impermissibly shifts to defendant the burden of proving that no exception exists which would absolve him of criminal culpability. MCLA 335.356(1); MSA 18.1070(56)(1) provides:

"Sec. 56. (1) It is not necessary for the state to negate any exemption or…