People v. Pennington

Defendant, Lawrence J. Pennington, was arrested for drunk driving and taken to a State Police post. His car was towed to a gas station across from the police post. The arresting officer, after turning defendant over to a desk sergeant, walked across the road, opened the car and the glove box. In the glove box he found part of a bottle of whiskey and a loaded handgun. Defendant was charged with carrying a dangerous weapon in a motor vehicle. CL 1948, § 750.227 (Stat Ann 1962 Rev § 28.424). At trial, the whiskey bottle was held inadmissible as the result of an illegal search, but the gun and…