People v. Bailey

Defendant, Eugene Bailey, was convicted by a jury on January 23, 1976, of delivery of a controlled substance, MCL 335.341(l)(a); MSA 18.1070(41)(l)(a). He was sentenced to 10-20 years in prison and appeals as of right. We affirm.

Defendant raises several issues, only one of which merits discussion. He asserts that the Controlled Substances Act, MCL 335.301 et seq.; MSA 18.1070(1) et seq., shifts to defendant the burden of proof as to an element of the crime, thereby denying him due process of law.

Section 41(l)(a) of the Controlled Substances Act, the provision under which defendant was…