People v. Filip

The defendant was convicted by a jury of carrying a dangerous weapon in a motor vehicle contrary to the provisions of MCLA 750.227; MSA 28.424, and appeals as a matter of right.

The circumstances of defendant’s arrest which are important to the disposition of this case are not in dispute. Either in the late evening of October 11, 1973 or in the early morning hours of October 12th, police officer Bryant and his partner apprehended the defendant and one Daniel Smith as they were in the process of stealing a truck from "Walter’s Appliance” in Livonia, Michigan. At the time of this apprehension,…