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People v. Burton-Ristau

Supreme Court of Michigan
May 12, 1997
454 Mich. 907 (Mich. 1997)

Opinion

No. 105173.

May 12, 1997.


Summary Disposition May 12, 1997:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed in part, and the defendant's conviction of perjury under MCL 168.933; MSA 6.1933 is vacated. That statute requires that the false statement be made under oath or affirmation. June v. School Dist No. 11, Southfield Twp, Oakland Co, 283 Mich. 533, 537-538 (1938). MCR 7.302(F)(1). In all other respects leave to appeal is denied.

Court of Appeals No. 170959.


I agree with the order reversing in part the judgment of the Court of Appeals, vacating the felony conviction of perjury, and affirming the defendant's misdemeanor conviction for making a false statement on an absentee ballot return, MCL 168.761; MSA 6.1761. Despite misgivings expressed in my dissent in People v. Ramos, 430 Mich. 544 (1988), I recognize that the majority view in Ramos controls this result.


Summaries of

People v. Burton-Ristau

Supreme Court of Michigan
May 12, 1997
454 Mich. 907 (Mich. 1997)
Case details for

People v. Burton-Ristau

Case Details

Full title:PEOPLE v. BURTON-RISTAU

Court:Supreme Court of Michigan

Date published: May 12, 1997

Citations

454 Mich. 907 (Mich. 1997)
564 N.W.2d 45