Legal Opinion

People v. Barkman

Michigan Court of Appeals

Decided March 26, 1970No. Docket 7,719PublishedCited by 2 opinions

1Opinion of the CourtY. J. Brennan, J.

The question here is whether the 1967 amendment 1 of section 724(c) of the motor vehicle code eliminates scienter as an element of the misdemeanor defined by sections 716(a) and 722 of the code. 2 We conclude that it does not.

On March 19, 1968, a weighmaster in Monroe County weighed a true]? owned by defendant Bark-man, found that its weight exceeded the limitations prescribed in section 722 of the motor vehicle code, and issued a notice of violation. At the trial in the circuit court, the prosecutor established that the defendant owned the truck and that it had indeed been driven on a public…

2Cases cited6 opinions

  1. Colonial Stores Incorporated v. ScholzCourt of Appeals of Georgia · 1945
  2. City of Eastlake v. RuggieroOhio Court of Appeals · 1966
  3. People v. Brown Bros. Equipment Co., Inc.Michigan Court of Appeals · 1966
  4. People v. BROWN BROS. EQUIPMENT CO.Michigan Supreme Court · 1967
  5. Sawyer v. MouldSupreme Court of Iowa · 1909

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3Cited by2 opinions

  1. Accorso v. Appeals Board of the Administrative Adjudication BureauAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. Central Transport, Inc.Michigan Court of Appeals · 1977

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