Opinion

People v. Bercheny

  • 387 Mich. 431
  • 196 N.W.2d 767
  • 1972 Mich. LEXIS 174
Court
Michigan Supreme Court
Filed
May 4, 1972
Status
Published
Author
Kavanagh
On the bench
Black, Adams, Swainson, Williams, Brennan, Kavanagh
Cited by
20 cases
Authority
More cited than 9.0%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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