Legal Opinion
People v. Stewart
Michigan Court of Appeals
Decided April 22, 1974No. Docket 16747, 16963, 16964PublishedCited by 16 opinions
1Opinion of the CourtJ. H. Gillis, P. J.
Two defendants, charged with possession of heroin, MCLA 335.341; MSA 18.1070(41), were bound over for trial after preliminary examination; the third was bound over after waiving preliminary examination. After the informations had been filed but before trial, over prosecutorial objection, the trial judge dismissed each case, stating:
"And if it’s less than three grains, 1 according to my prior policy statement, the case is going to be dismissed without prejudice to your right to prosecute it as a misdemeanor.”
The court indicated that minor narcotic cases create docket control problems:
"But all…
2Cases cited21 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Genesee Prosecutor v. Genesee Circuit JudgeMichigan Supreme Court · 1972
- Genesee Prosecutor v. Genesee Circuit JudgeMichigan Supreme Court · 1974
- The People v. . BennettNew York Court of Appeals · 1872
- State v. AndersonTexas Supreme Court · 1930
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Richie Dean Jeffers, A/K/A DeanieCourt of Appeals for the Seventh Circuit · 1975
- People v. GouldMichigan Court of Appeals · 1975
- People v. KincadeMichigan Court of Appeals · 1975
- People v. WalkerMichigan Court of Appeals · 1975
- People v. HeilerMichigan Court of Appeals · 1977
11 more not listed; retrieve them via the Exa API.