THE MICHIGAN PENAL CODE
Act 328 of 1931
750.306 Pool tickets; declaration as nuisance.
Sec. 306.
(1) All policy or pool tickets, slips or checks, memoranda of any combination, or other bet, manifold, or other policy or pool books or sheets are hereby declared a common nuisance and the possession of 1 or more of those items is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
(2) The possession of articles listed in subsection (1), or of any other implements, apparatus, or materials of any other form of gaming, is prima facie evidence of their use, by the person having them in possession, in the form of gaming in which like articles are commonly used. And such article found upon the person of one lawfully arrested for violation of any law relative to lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming is competent evidence upon the trial of an indictment to which it may be relevant.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.306 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
FormerLaw Notes:
See sections 5 and 11 of Act 176 of 1925, being CL 1929, §§ 9125 and 9131.
Notes of Decisions
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
· cites it 24× “The Attorney General also argued that PowerPick was illegally selling shares in lottery tickets and possessed pool tickets in violation of MCL 750.306. PowerPick argued that it was entitled to summary disposition, but also asserted that even if the court was not inclined to…”
People v. Taylor, 280 N.W.2d 500 (Mich. Ct. App. 1979).
· cites it 3× “MCL 750.306; MSA 28.538; MCL 750.92; MSA 28.”
People v. Zeigler, 100 N.W.2d 456 (Mich. 1960).
“Such a change would place the enforcement of the Fourth Amendment entirely on the conscience of the *377 individual policeman and beyond the review of the Court. I concur in and sign the opinion of the Chief Justice for the reasons given therein and herein.”
People v. Serra, 223 N.W.2d 28 (Mich. Ct. App. 1974).
“36; MSA 28.225 (presumption of holding oneself out as specialist in diseases of sexual organs by use of words "lost manhood” or "lost vitality or vigor” in advertisement); MCLA 312.”
People v. Braylock, 324 N.W.2d 530 (Mich. Ct. App. 1982).
“534, the misdemeanor of operating a gaming house; and under MCL 750.306; MSA 28.538, the misdemeanor of possession of gambling paraphernalia.”
People v. Humphrey, 389 N.W.2d 494 (Mich. Ct. App. 1986).
“354(1), and possession of gambling paraphernalia, MCL 750.306; MSA 28.538. After a preliminary examination was held, the defendants were bound over for trial on all counts.”
State Ex Rel Wayne Cnty. Prosecuting Attorney v. Levenburg, 254 N.W.2d 797 (Mich. Ct. App. 1977).
“This was corollary to the provisions of CL 1948, § 750.306 (Stat Ann § 28.538), declaring the gambling paraphernalia contained in the vehicles to be a common nuisance and their possession a misdemeanor.”
People v. Locricchio, 129 N.W.2d 856 (Mich. 1964).
· cites it 2× “Defendant was charged with violation of section 306 of the penal code, CL 1948, § 750.306 (Stat Ann § 28.538), 1 after police had found a large *491 number of mutuel 2 tip sheets in his car on May 8, 1959.”
People v. Imbrunone, 145 N.W.2d 844 (Mich. Ct. App. 1966).
“534) and CL 1948, § 750.306 (Stat Ann 1954 Rev § 28.538). The defendants filed a motion to quash the search warrant and to suppress the evidence seized thereunder.”
— Mich. Comp. Laws § 750.306(1) — 1 case
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
“The Attorney General also argued that PowerPick was illegally selling shares in lottery tickets and possessed pool tickets in violation of MCL 750.306. PowerPick argued that it was entitled to summary disposition, but also asserted that even if the court was not inclined to…”
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