Legal Opinion

People v. McDowell

Michigan Court of Appeals

Decided September 20, 1978No. Docket 77-2742PublishedCited by 15 opinions

1Opinion of the CourtBashara, P. J.

Our brother’s opinion delineates the salient facts upon which the defendant bases his constitutional challenge to the felony-firearm statute.1 However, we neither conclude that the question is prematurely presented nor that the *702statute, when construed, is completely violative of defendant’s constitutional immunity from double jeopardy.2

The denial of defendant’s motion to quash the felony-firearm charge placed the case in a posture where trial on both charges was imminent. The constitutional question involved was certified here, and we granted leave to appeal. That question is of sufficient…

2Cases cited17 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Gore v. United StatesSupreme Court of the United States · 1958
  4. Simpson v. United StatesSupreme Court of the United States · 1978
  5. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865

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3Cited by15 opinions

  1. Wayne County Prosecutor v. Recorder's Court JudgeMichigan Supreme Court · 1979
  2. People v. EloweMichigan Court of Appeals · 1978
  3. People v. MooreMichigan Court of Appeals · 1978
  4. People v. BurtonMichigan Court of Appeals · 1978
  5. People v. McGoreMichigan Court of Appeals · 1979

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