Legal Opinion
People v. Serra
Michigan Court of Appeals
Decided September 17, 1974No. Docket 17390, 17391PublishedCited by 24 opinions
1Opinion of the CourtBronson, J.
We are called upon to determine the constitutionality of a provision of the recently enacted "Controlled Substances Act of 1971”. The challenged section provides, in pertinent part:
"(2) Possession of more than 2 ounces of marihuana is prima facie evidence of possession with intent to deliver.” MCLA 335.341(2); MSA 18.1070(41X2).
There are other appeals pending before this Court which present the same issues raised here. Not all trial judges are in agreement concerning the provision in question.
Michigan’s Controlled Substances Act of 1971 is principally a reenactment of the Uniform Controlled…
2Cases cited21 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Bell v. BursonSupreme Court of the United States · 1971
- Leary v. United StatesSupreme Court of the United States · 1969
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. HeisingerSouth Dakota Supreme Court · 1977
- People v. AbregoMichigan Court of Appeals · 1976
- Wayne County Prosecutor v. Recorder's Court JudgeMichigan Court of Appeals · 1982
- People v. GallagherMichigan Supreme Court · 1979
- People v. PotterMichigan Court of Appeals · 1982
19 more not listed; retrieve them via the Exa API.