People v. Hassenfratz

Defendant was charged with possession of a "Billy, to-wit: a billy club”. MCL 750.224; MSA 28.421. The circuit court granted defendant’s motion to quash and plaintiff appeals as of right.

The facts indicate that defendant was stopped for a routine traffic violation when a police officer standing beside defendant’s vehicle observed an instrument located behind the passenger seat. The officer concluded that the instrument was a "nightstick” or "billy club” and arrested defendant for possession thereof.

At the conclusion of the preliminary examination, the district court concluded that the…