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PEOPLE v. RECORDER'S CT. JUDGE

Docket No. 30667.

78 Mich. App. 576 (1977)

261 N.W.2d 8

PEOPLE v. RECORDER'S COURT JUDGE IN THE MATTER OF KEVIN G. FERGUSON

Michigan Court of Appeals.

Decided September 21, 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, Principal Attorney, Appeals, and Larry L. Roberts, Assistant Prosecuting Attorney, for the people.

Alphonso R. Harper, for defendant Judge Crockett, Jr.

Before: D.C. RILEY, P.J., and BASHARA and P.R. MAHINSKE, JJ.

BASHARA, J.

The plaintiff, by the Wayne County Prosecuting Attorney, appeals from an order granting defendant's motion to dismiss. Defendant was charged with unlawfully driving away a motor vehicle, MCLA 750.413; MSA 28.645, and receiving and concealing stolen property over the value of $100, MCLA 750.535; MSA 28.803.

At the commencement of defendant's bench trial the prosecuting attorney made his opening statement as follows:

"Your Honor, through...

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