People v. MacEri
Cases that cite this one
1 later published case cites this decision.
- People v. Eugene Harris (Mich. Ct. App. 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The defendant was charged with possession of marijuana and heroin (MCLA 335.153; MSA 18. 1123) and was convicted by the court sitting without a jury. Defendant appeals and raises numerous issues; we need consider only one.
At trial the prosecution failed to establish that the defendant did not have a license to possess narcotics. Defendant moved for a directed verdict on this basis, which was denied. Our Supreme Court recently held that:
“ * * * lack of a license is an element of the offense charged under MCLA § 335.152 (Stat Ann 1957 Rev § 18. 1122). The prosecution has the burden of proof beyond a reasonable doubt on this element, as all other elements of crime.” People v Rios, 386 Mich 172, 181 (1971).
The statute under which defendant was charged and convicted begins with identical language regarding licensing. Therefore, under the mandate in Rios, supra, the lack of a license is also an essential element of the crime charged under MCLA 335.153; MSA 18.1123. 1 The prosecution in this case failed to establish that element. Defendant’s motion for a directed verdict should have been granted.
Reversed.
This requirement seems frivolous because in fact one cannot apply for and receive a license to sell, dispense, or possess marijuana or heroin. There are no such licenses, marijuana or heroin being drugs that are not legal in this state or this country.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.