People v. Mallory

Decision Date13 April 1982
Docket Number68643,Nos. 68642,s. 68642
Citation413 Mich. 870,317 N.W.2d 855
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. Donald Eugene MALLORY, Defendant-Appellee.
CourtMichigan Supreme Court
ORDER

On order of the Court, the delayed application for leave to appeal is considered, and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, 314 N.W.2d 716, and REMAND the case to the Court of Appeals for consideration of the remaining issues raised by the defendant. People v. Fountain, 407 Mich. 96, 282 N.W.2d 168 (1979), requires that a supplemental information be promptly filed, not that it be filed simultaneously with the information alleging the principal offense. See People v. Shelton, 412 Mich. 565, 315 N.W.2d 537 (1982).

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6 cases
  • Kenyon v. Second Precinct Lounge
    • United States
    • Court of Appeal of Michigan — District of US
    • July 27, 1989
    ...result was reached although for the wrong reason. Albro v. Total Petroleum, Inc., 108 Mich.App. 1, 4, 310 N.W.2d 252 (1981), lv. den. 413 Mich. 870 (1982). ...
  • Brannstrom v. Tippman
    • United States
    • Court of Appeal of Michigan — District of US
    • May 22, 1985
    ...the right results, albeit for the wrong reason. Albro v. Total Petroleum, Inc., 108 Mich.App. 1, 4, 310 N.W.2d 252 (1981), lv. den. 413 Mich. 870 (1982). I similarly conclude that the other plaintiff, the decedent's former wife, cannot recover under the dramshop act. She alleged that she lo......
  • Leitch v. Switchenko
    • United States
    • Court of Appeal of Michigan — District of US
    • August 11, 1988
    ...17, 25; 87 N.W.2d 94 (1957); Michigan National Bank of Detroit v. Kellam, 107 Mich.App. 669, 679-680; 309 N.W.2d 700 (1981), lv. den. 413 Mich. 870 (1982); 2A CJS, Agency, Sec. 158, pp 793-795 In this case, the relevant third party appears to be John Blackwell, president of Blackwell Ford. ......
  • Kerry v. Turnage
    • United States
    • Court of Appeal of Michigan — District of US
    • January 27, 1987
    ...relationship is a question of fact. Michigan Nat'l Bank of Detroit v. Kellam, 107 Mich.App. 669, 678, 309 N.W.2d 700 (1981), lv. den. 413 Mich. 870 (1982). Therefore, we reverse the summary judgment based on GCR 1963, 117.2(1), and remand for further proceedings. We, however, agree with def......
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