the Court affirmed a conviction for conspiracy on the basis of circumstantial evidence where the police seized drugs and discovered the defendants in proximity after surveillance that had revealed the defendants and others frequently arriving at the premises, staying a short time, employing a ritual to obtain admittance, and leaving the premises in what appeared to be a narcotic stupor
How later courts described this case
- the Court affirmed a conviction for conspiracy on the basis of circumstantial evidence where the police seized drugs and discovered the defendants in proximity after surveillance that had revealed the defendants and others frequently arriving at the premises, staying a short time, employing a ritual to obtain admittance, and leaving the premises in what appeared to be a narcotic stupor
- issue of waiver of objection to ruling on impeachment by witness’s failure to take stand
Written by the judges who cited it.
The opinion
T. Gr. Kavanagh, J.
(dissenting). In People v Sinclair, 387 Mich 91 (1972) for different reasons, a majority of this Court held that the statute proscribing the possession of marijuana was unconstitutional. For the reasons set forth in my opinion in Sinclair , I am convinced that the statute’s proscription of possession and use of heroin is equally impermissible.
In my opinion the defendant’s conviction here for possession of heroin; conspiracy to possess heroin; and control of heroin should not be permitted to stand.