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People v. Carey
194 N.W.2d 93
Mich. Ct. App.
1971
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Per Curiam.

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.

Case Details

Case Name: People v. Carey
Court Name: Michigan Court of Appeals
Date Published: Oct 27, 1971
Citation: 194 N.W.2d 93
Docket Number: Docket 8555
Court Abbreviation: Mich. Ct. App.
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