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PEOPLE v. BROOKS

Docket Nos. 28387, 28388.

75 Mich. App. 448 (1977)

254 N.W.2d 926

PEOPLE v. BROOKS PEOPLE v. WARE

Michigan Court of Appeals.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training and Appeals, and David B. Higbee, Assistant Prosecuting Attorney, for plaintiff.

Milton R. Henry, for defendants.

Before: R.B. BURNS, P.J., and T.M. BURNS and D.C. RILEY, JJ.

R.B. BURNS, P.J.

Defendants appeal their bench conviction of possession of heroin with intent to deliver. MCLA 335.341(1)(a); MSA 18. 1070(41)(1)(a).

Defendants were discovered and arrested on premises searched by the police upon execution of a search warrant issued by a Highland Park municipal judge. Defendants contend on appeal that this search warrant was invalidly issued as no authorization order signed by the prosecuting attorney was filed with the judge...

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