People v. Sanchez

296 N.W.2d 312, 98 Mich. App. 562, 1980 Mich. App. LEXIS 2778

• Court: Michigan Court of Appeals
• Decided: July 2, 1980
• Docket: Docket 45840
• Status: Published

Opinions

Per Curiam.

The defendant was convicted by a jury of carrying a concealed pistol, MCL 750.227; MSA 28.424. Prior to the submission of proofs, the parties had stipulated that the weapon involved, a pistol, was not operable.

In post-trial proceedings, the lower court first granted the defendant a new trial due to what it considered to be improper questioning and argument by the prosecutor. Later, the court dismissed the case entirely on the ground that the inoperable pistol did not "fall within the statute prohibiting the carrying of a concealed weapon”. The prosecution appeals.

The sole issue raised on appeal is whether an inoperable handgun may be a "pistol” within the meaning of the statute. We find the distinction between unloaded and inoperable firearms to be meaningless, and so are persuaded to follow the authority most directly addressing this issue: People v Jiminez, 27 Mich App 633; 183 NW2d 853 (1970), lv den 384 Mich 819 (1971).

There stands in the lower court record an order granting a new trial; that order is not affected by our decision in this appeal. The order dismissing the charges against the defendant is reversed, and the cause remanded for proceedings not inconsistent with this opinion.