People v. Heatwole

Michigan Court of Appeals

People v. Heatwole

269 N.W.2d 283, 83 Mich. App. 732, 1978 Mich. App. LEXIS 2365

CourtMichigan Court of Appeals

DecidedJune 5, 1978

DocketDocket No. 77-1565

StatusPublished

This text of 269 N.W.2d 283 (People v. Heatwole) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Heatwole, 269 N.W.2d 283, 83 Mich. App. 732, 1978 Mich. App. LEXIS 2365 (Mich. Ct. App. 1978).

Pincite

Opinions

Bashara, J.

The majority adopts the statement of facts of the dissent. I hold for reversal in the full knowledge that Judge Beasley’s dissent is entirely logical and eminently sound.

However, unlike the dissent, we cannot differentiate the facts of the instant case from People v McGinnis, 402 Mich 343; 262 NW2d 669 (1978). Frankly, I respectfully question the rationale of McGinnis. Nonetheless, I feel bound to observe the command of our state’s highest court.

Reversed and remanded for a new trial.

[734]*734D. C. Riley, J., concurs in the result reached by Judge Bashara.

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