People v. Stinson

Defendant was found guilty in a bench trial of possession of a gas-ejecting device, contrary to MCL 750.224; MSA 28.421, and appeals.

The testimony adduced at trial established that defendant had in his possession a canister which he removed from his car and placed in the street. A Detroit police officer observed defendant’s actions and retrieved the can. A police chemist testified that the canister contained "Paralyzer” CS military tear gas. The term "weapon” appeared on the canister.

Defendant first argues that the statute is unconstitutional for the reason that it is overly broad and vague.…