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PEOPLE v. RECORDER'S CT. JUDGE #1

Docket No. 25329.

73 Mich. App. 150 (1977)

250 N.W.2d 809

PEOPLE v. RECORDER'S COURT JUDGE #1 PEOPLE v. DICKENS.

Michigan Court of Appeals.

Decided January 5, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Larry L. Roberts, Assistant Prosecuting Attorney, for the people.

Alphonso R. Harper, for Judge Samuel C. Gardner.

Bolden & Blake, P.C., for Samuel L. Dickens.

Before: QUINN, P.J., and R.B. BURNS and M.F. CAVANAGH, JJ.

M.F. CAVANAGH, J.

Samuel L. Dickens (defendant) was arrested and charged with armed robbery, MCLA 750.529; MSA 28.797. At the conclusion of the preliminary examination, Recorder's Court Judge Gardner, acting in the capacity of magistrate, dismissed the charge against the defendant on the ground that the prosecutor had failed to show probable cause that the defendant had participated in the crime. The prosecutor petitioned Wayne County Circuit Court for an order of...

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