People v. Smith
393 Mich. 432, 225 N.W.2d 165, 1975 Mich. LEXIS 194 (1975)
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Rule of Law:
Under the principle of ejusdem generis, when a statute lists specific items followed by a general phrase, the general phrase is construed to include only items of the same type as those specifically listed. Therefore, a statute prohibiting the carrying of a "dagger, dirk, stiletto, or other dangerous weapon" does not apply to a long-barreled rifle, as a rifle is not in the same class as the enumerated stabbing weapons.
Facts:
- Detroit Police officers observed a Ford Econoline van making several erratic U-turns.
- The defendant, Robert Smith, was a passenger in the van.
- The officers stopped the van.
- As one officer approached the vehicle, he saw what appeared to be the stock of a rifle through a window.
- The officer opened the door and retrieved an M-1 rifle, which is over 30 inches long, from underneath the second seat.
- Smith was seated on the third seat in the van.
- A cartridge belt and ammunition were found in the front of the van near other occupants.
Procedural Posture:
- Robert Smith and three others were charged with carrying a concealed weapon in a motor vehicle.
- Following a preliminary examination, the defendants were bound over for trial in the trial court.
- Smith filed a motion in the trial court to quash the information, arguing that an M-1 rifle was not a 'dangerous weapon' within the meaning of the statute.
- The trial court denied the defendant's motion to quash.
- Smith, as appellant, appealed the trial court's denial to the Michigan Court of Appeals, the state's intermediate appellate court.
- The Court of Appeals affirmed the trial court's decision.
- Smith was granted an interlocutory appeal to the Michigan Supreme Court, the state's highest court.
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Issue:
Does a rifle over 30 inches in length constitute an 'other dangerous weapon' under Michigan's concealed weapons statute, MCLA 750.227, which specifically enumerates 'dagger, dirk, stiletto' before the general phrase?
Opinions:
Majority - T. G. Kavanagh, C. J.
No, a rifle over 30 inches in length does not constitute an 'other dangerous weapon' under MCLA 750.227. The court applies the canon of statutory construction known as ejusdem generis. Under this rule, because the general phrase 'or other dangerous weapon' follows a specific list of stabbing weapons ('dagger, dirk, stiletto'), the general phrase is restricted to include only other items of the same kind, class, or character, i.e., other stabbing weapons. An M-1 rifle is not a stabbing weapon. Furthermore, the statute separately addresses 'pistols,' which are defined in another law as firearms 30 inches or less in length. The legislature addressed the carrying of long-barreled firearms in a different statute, MCLA 750.226, which requires proof of intent to use the firearm unlawfully, indicating a distinct regulatory scheme that intentionally excludes long guns from the strict liability concealed weapons statute.
Analysis:
This case serves as a quintessential example of the application of the ejusdem generis canon of statutory interpretation. The court's decision narrows the scope of the concealed weapons statute, clarifying that it does not apply to long guns. This forces prosecutors to charge individuals carrying long guns under a separate statute that requires proving the defendant's unlawful intent, a significantly higher prosecutorial burden. The analysis demonstrates a judicial preference for reading statutes as part of a coherent legislative scheme rather than in isolation, and it shows deference to the legislature to amend the law if more stringent regulation of long guns is deemed necessary.
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