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03/25/76 PEOPLE v. FREED

March 25, 1976

PEOPLE
v.
FREED



Appeal from Livingston, Paul R. Mahinske, J.

M. J. Kelly, P. J., and V. J. Brennan and Danhof, JJ.

SYLLABUS BY THE COURT

1. Arrest -- Michigan State Police -- Authorization -- Governor -- Attorney General -- Authorized Subordinates -- Statutes.

Arrests made by officers of the Michigan State Police do not have to be personally authorized by the Governor or the Attorney General since the Legislature in enacting a statute providing for the state police to serve and execute all criminal and civil process upon direction of the Governor or the Attorney General intended that these officials act through duly authorized subordinates (MCLA 14.35, 28.6; MSA 3.188, 4.436).

2. Arrest -- Michigan State Police -- Service of Civil Process -- Governor -- Attorney General -- Authorization -- Statutes.

The Michigan State Police may serve civil process when directed by the Governor or the Attorney General in actions in which the state is a party; therefore, a defendant was properly arrested by the Michigan State Police, where the arrest was pursuant to a bench warrant issued by a circuit Judge in an action in which the defendant was being sued by the State of Michigan, and the arrest was authorized by an Assistant Attorney General (MCLA 14.35, 28.6; MSA 3.188, 4.436).

3. Appeal and Error -- Motion for Preemptory Reversal -- Trial Transcript -- Specificity.

A defendant's motion for preemptory reversal which alleged that the trial Judge withheld from him portions of the transcripts of the defendant's trial should be denied where the defendant fails to specify which portions of the transcript were withheld.

The opinion of the court was delivered by: Per Curiam

James D. Freed was convicted of carrying a concealed weapon and carrying a firearm with unlawful intent. Defendant appeals.

Defendant, James Donald Freed, was convicted of carrying a concealed weapon, MCLA 750.227; MSA 28.424, and carrying a firearm with unlawful intent, MCLA 750.226; MSA 28.423, on June 6, 1974, after a two-day jury trial. On July 16, 1974, defendant was sentenced to concurrent prison terms of 2-1/2 to 5 years on each count. Defendant appeals as of right.

Defendant was arrested by Michigan State Police officers pursuant to a bench warrant issued by the Ingham County Circuit Court which was hearing a tax case in which the defendant was being sued by the State of Michigan. In a search incident to the arrest, the officers found and seized a .22-caliber pistol which defendant was carrying concealed on his person without a license to do so. Defendant moved to suppress the evidence on the grounds that it was the fruit of an illegal arrest. Defendant's motion was denied.

Defendant contends that his arrest by the Michigan State Police was unauthorized and unlawful, relying on MCLA 28.6; MSA 4.436. The statute provides in pertinent part:

"Any such member of the said department may serve and execute all criminal and civil process, when directed to do so by the governor or the attorney general, in actions and matters in which the state is a party. The commissioner and said department shall be under the immediate control and direction of the governor, and any member thereof may be employed by ...


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