People v. Lumpkin

The defendant, Ervin Lump-kin, was convicted in a nonjury trial on April 17, 1973, of the offense of possession of heroin contrary to the provision of MCLA 335.341(4)(a); MSA 18.1070(41)(4)(a). On June 4, 1973, defendant was sentenced to a term of 16 months to 4 years in prison, with appropriate credit for time already spent in jail. Defendant now appeals as of right.

In the early morning hours of August 23, 1972, defendant was stopped by Michigan State Police Trooper Allen Engstrom for speeding on 1-94 in Berrien County, Michigan. Defendant was the driver of the vehicle, and there was one…