Michigan Supreme Court December 2, 1968, Calendar 11, Docket 51,847 (People v. Brundage)

O’Hara, J.

(dissenting). This is an appeal on leave granted to the people of the State of Michigan from an order of the Court of Appeals which reversed appellee’s conviction in the circuit court. He had been charged with the operation of a lottery.

The first question we face is what is the right of appeal by the State in a criminal case from an adverse decision by the Court of Appeals?