People v. Lino

I join the memorandum opinion insofar as it finds the statute1 at issue not unconstitutionally vague as applied, affirms Lino’s conviction, and finds Brashier’s conduct prohibited by the gross indecency statute. I respectfully dissent, however, because I believe gross indecency is defined by the common sense of the community, i.e., it is a question for the trier of fact.

i

A

MCL 750.338; MSA 28.570 mandates:

Any male person who, in public or in private, commits or is a party to the commission of ,or procures or attempts to procure the commission by any male person of any act of gross indecency…