People v. Carey
People v. Carey
Opinion
Defendant, charged in Count I with possesion of a stolen motor vehicle (MCLA § 257.254 [Stat Ann 1968 Rev § 9.1954]) and in Count II with carrying a concealed weapon (MCLA § 750.227 [Stat Ann 1962 Rev § 28.424]), was convicted upon a jury verdict and appeals as of right.
We must reverse defendant’s conviction for possession of a stolen motor vehicle on the authority of People v. Morton (1970), 384 Mich 38.
Regarding defendant’s conviction for carrying a concealed weapon we find no error. The prosecution need not disprove statutory exceptions unless advanced by defendant. MCLA § 776.20 (Stat Ann 1971 Cum Supp § 28.1274[1]); People v. Jiminez (1970), 27 Mich App 633; People v. Gilleylen (1971), 31 Mich App 416.
No error lies in the prosecution’s failure to affirmatively prove venue in view of defendant’s failure to object. MCLA § 767.45 (Stat Ann 1954 Rev § 28-.985); People v. Eugene Collins (1970), 28 Mich App 526.
Further, the evidence is sufficient to support the conviction.
*642 Defendant’s contention of misjoinder of counts was never presented to the trial court and is thus not preserved for appeal. MOLA § 767.76 (Stat Ann 1954 Rev § 28. 1016).
Reversed as to Count I and affirmed as to Count II.
Reference
- Cited By
- 6 cases
- Status
- Published