People v. Nichols

On Rehearing

Levin, P. J.

Shortly after our decision was announced in this case our attention was directed by the State Appellate Defenders’ Office to the opinion of the Supreme Court of Michigan in People v. Morton (1970), 384 Mich 38. There the Supreme Court ruled that the statute under which defendants Nichols and Scott were convicted was restricted to situations where possession of the stolen automobile is coupled “with intent to fraudulently transfer title” and that the portion of the statute prohibiting possession of a motor vehicle knowing or having reason to know it has been stolen…