People v. Gunnett

Defendants were charged with gross indecency with a person of the opposite sex in violation of MCL 750.338b; MSA 28.570(2). The trial court granted defendants’ motion to dismiss, finding the statute unconstitutional as applied to husband and wife. This Court reversed, finding the statute constitutional as applied to the facts of the case, and remanded for trial. People v Gunnett, 158 Mich App 420; 404 NW2d 627 (1987). Upon reinstatement of the charges, the trial court granted defendants’ motion to dismiss for the prosecution’s failure to exercise due diligence in identifying res gestae…