Docket No. 9215.

28 Mich. App. 656 (1970)

185 N.W.2d 185


Michigan Court of Appeals.

Decided December 9, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Robert A. Reuther, Assistant Prosecuting Attorney, for the people.

Wilfred C. Rice, for defendant on appeal.

Before: LESINSKI, C.J., and J.H. GILLIS and BEASLEY, JJ.


After a nonjury trial, the trial court found defendant guilty of breaking and entering with intent to commit rape (MCLA § 750.110 [Stat Ann 1970 Cum Supp § 28.305]) and gross indecency (MCLA § 750.338b [Stat Ann 1954 Rev § 28.570(2)]).

The defendant contends that it was error to deny his motion to quash the information on the ground that the prosecution failed to prove venue in Wayne County at the preliminary examination.

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