People v. Emery

In People v. Emery, 150 Mich App 657, 667; 389 NW2d 472 (1986), the defendant was seated in the rear seat of a vehicle stopped by the police. The police discovered a styrofoam box containing a pistol on the back window ledge next to him. Id. The defendant admitted that he loaded the gun and put it in the box earlier that day, but denied knowing it was in the vehicle. Id. On appeal, the defendant contended that there was insufficient evidence to support a finding that he "carried" the weapon. Id. at 667. The Court disagreed. The Emery Court considered the defendant's proximity to the gun, as well as the duration he was in the car with the gun, the fact that he loaded the gun, and the fact that a witness saw him with the gun to determine that the jury could have reasonably concluded that the defendant was guilty of carrying a pistol in a vehicle. Id. at 668-669.