Opinion
Docket No. 5,580.
Decided March 26, 1969.
Appeal from Oakland, William John Beer, J. Submitted Division 2 March 3, 1969, at Detroit. (Docket No. 5,580.) Decided March 26, 1969.
Harry James Smith was charged with unlawful possession of narcotics. Defendant's motion to suppress evidence and quash the information granted. The people appeal. Appeal dismissed for lack of jurisdiction.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, S. Jerome Bronson, Prosecuting Attorney, and Bruce T. Leitman, Assistant Prosecuting Attorney, for the people.
Milton R. Henry, for defendant.
BEFORE: LESINSKI, C.J., and FITZGERALD and V.J. BRENNAN, JJ.
The people appealed to this Court by claim of right from an order of the Oakland county circuit court granting defendant's motion to suppress evidence and quash an information.
Appeals by the people require leave and are restricted by the provisions of CL 1948, § 770.12 (Stat Ann 1954 Rev § 28.1109). See City of Portage v. Timmerman (1968), 11 Mich. App. 498.
This Court being without jurisdiction, the appeal is dismissed without prejudice to apply for leave. See Fox v. Board of Regents of the University of Michigan (1965), 375 Mich. 238; City of Dearborn v. Pulte-Strang, Inc. (1968), 12 Mich. App. 161.