Michigan Court of Appeals January 17, 1990, Docket 112737 (People v. Gunnett)

Per Curiam.

Defendants were charged with gross indecency with a person of the opposite sex in violation of MCL 750.338b; MSA 28.570(2). The trial court granted defendants’ motion to dismiss, finding the statute unconstitutional as applied to husband and wife. This Court reversed, finding the statute constitutional as applied to the facts of the case, and remanded for trial.