People v. Smith

Decision Date13 April 1979
Docket NumberNo. 61277,61277
CitationPeople v. Smith, 277 N.W.2d 506, 406 Mich. 926 (Mich. 1979)
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. Bernard SMITH, Defendant-Appellee. 406 Mich. 926, 277 N.W.2d 506
CourtMichigan Supreme Court
ORDER

On order of the Court, the delayed application for leave to appeal and the motion for peremptory reversal are considered and, in lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), we REVERSE the Court of Appeals, 81 Mich.App. 561, 266 N.W.2d 40, judgment and reinstate Bernard Smith's conviction.SeeMRE 609, which would control any new trial conducted in this case.

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17 cases
  • People v. Smith
    • United States
    • Michigan Supreme Court
    • January 8, 1985
    ...Williams' opinion and my opinion in People v. Bernard Smith, 81 Mich.App. 561, 266 N.W.2d 40 (1978), rev'd on other grounds, 406 Mich. 926, 277 N.W.2d 506 (1979). In Bernard Smith, the Court of Appeals held that the offense of attempted larceny in a building should be treated as a misdemean......
  • Nezdropa v. Wayne County
    • United States
    • Court of Appeal of Michigan — District of US
    • October 16, 1986
    ...See Askew, supra, Lambard, supra, and Stover v. Midwest Tank & Fabrication Co., Inc., 87 Mich.App. 452, 275 N.W.2d 15 (1978), lv. den. 406 Mich. 926 (1979). To the extent that there are other cases which infer that application of the economic realities test is a question of fact, we decline......
  • People v. Flynn
    • United States
    • Court of Appeal of Michigan — District of US
    • November 19, 1979
    ...v. Castillo, 82 Mich.App. 476, 266 N.W.2d 460 (1978); People v. Smith, 81 Mich.App. 561, 266 N.W.2d 40 (1978), Rev'd on other grounds 406 Mich. 926 (1979); People v. Mayes, 78 Mich.App. 618, 261 N.W.2d 22 (1977). See also 8 Michigan Law & Practice, Criminal Law, § 272, p. 370 and authoritie......
  • Lambard v. Saga Food Service, Inc.
    • United States
    • Court of Appeal of Michigan — District of US
    • September 15, 1983
    ...to review by this Court. Stover v. Midwest Tank & Fabrication Co., Inc., 87 Mich.App. 452, 456-457, 275 N.W.2d 15 (1978), lv. den. 406 Mich. 926 (1979). The existence of an employer/employee relationship for workers' compensation purposes is to be determined by the economic realities of the......
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