# People v. Bercheny

> Michigan Supreme Court · May 4, 1972 · 387 Mich. 431

URL: https://www.frixlaw.com/law-library/cases/9707357

## Case

- **Full name:** People v. Bercheny
- **Court:** Michigan Supreme Court
- **Decided:** May 4, 1972
- **Citations:** 387 Mich. 431; 196 N.W.2d 767; 1972 Mich. LEXIS 174
- **Precedential status:** Published
- **Opinion:** Dissent by Kavanagh
- **Judges:** Black, Adams, Swainson, Williams, Brennan, Kavanagh
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9707357

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9707357. Public record. Not legal advice.