PEOPLE OF MI V CATHERINE KILAL NIKUNDIWE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 2, 1998
Plaintiff-Appellee,
v
No. 195261
Ingham Circuit Court
LC No. 95-069365 FH
CATHERINE KILAL NIKUNDIWE,
Defendant-Appellant.
Before: Sawyer, P.J., and Kelly and Smolenski, JJ.
PER CURIAM.
Following a jury trial, defendant was convicted of carrying a concealed weapon in an
automobile, MCL 750.227; MSA 28.424, and sentenced to three years’ probation. Defendant
appeals as of right. We affirm.
Defendant argues that the trial court erred in refusing to allow her to present a defense of
duress. We disagree. Defendant claimed that she carried a gun for protection because she feared for
her life. Self-protection is not a defense to the charge of carrying a concealed weapon. People v
Townsel, 13 Mich App 600; 164 NW2d 776 (1968). Moreover, although the harassment defendant
was subjected to may constitute threatening conduct sufficient to create the fear of death or serious
bodily harm in the mind of a reasonable person, People v Terry, 224 Mich App 447, 453; 569 NW2d
641 (1997), we do not believe that defendant was compelled by the conduct to carry a concealed
weapon in her automobile. The threatening conduct or act of compulsion must be present, imminent,
and impending, and a threat of future injury is not enough. People v Lemons, 454 Mich 234, 247; 562
NW2d 447 (1997).
Affirmed.
/s/ David H. Sawyer
/s/ Michael J. Kelly
/s/ Michael R. Smolenski
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