Legal Opinion · Dissent

People v. Hill

Michigan Supreme Court

Decided September 27, 1989No. Docket Nos. 81818, 81819, (Calendar No. 1)Published

1DissentArcher, J.

We granted leave to appeal in these cases to decide whether, contrary to MCL 750.224b; MSA 28.421(2),1 two defendants can be charged with possession of one short-barreled shotgun when each defendant had in his possession, one of two component parts of the short-barreled shotgun. The majority holds that possession of a prohibited firearm is not limited to actual possession, but may include both construc*484tive and joint possession by defendants acting in concert. The majority further holds that the fact that a firearm was temporarily inoperable does not preclude prosecution for its possession…

2Cases cited4 opinions

  1. People v. DavisMichigan Court of Appeals · 1980
  2. People v. TerryMichigan Court of Appeals · 1983
  3. In Re VaughnMichigan Court of Appeals · 1987
  4. Ross v. FisherMichigan Supreme Court · 1958

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