PEOPLE v. RILEY

Docket No. 22610.

72 Mich. App. 299 (1976)

249 N.W.2d 397

PEOPLE v. RILEY

Michigan Court of Appeals.

Decided November 22, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, James M. Justin, Assistant Prosecuting Attorney and Susan E. Vandercook, Assistant Prosecuting Attorney, for the people.

Birch & Dean, for defendant.

Before: ALLEN, P.J., and D.E. HOLBROOK, JR. and E.H. PAPP, JJ.


D.E. HOLBROOK, JR., J.

Defendant appeals as of right from his conviction for unauthorized possession of a weapon while in prison. MCLA 800.283; MSA 28.1623. Two questions are presented for our consideration: (1) Whether a criminal complaint, that is dismissed for failure to comply with the provisions of MCLA 766.4; MSA 28.922, may be reinstituted by the filing of a second complaint charging the same offense, and (2) Whether the defendant was denied a fair trial because...

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