People v. Grenke

Defendant was charged with possession of a gas-ejecting device, MCL 750.224; MSA 28.421. At the close of proofs in a nonjury trial, the trial judge sua sponte dismissed the case on the ground that the statute under which defendant was charged was vague and overbroad. The people appeal by right.

In holding that the statute prohibiting possession of a gas-ejecting device was unconstitutionally vague and overbroad, the trial court relied upon People v Guy, 84 Mich App 610; 270 NW2d 662 (1978). However, recently in People v Lynch, 410 Mich 343; 301 NW2d 796 (1981), the Court held that the statute…