PEOPLE v. SULLIVAN

Docket No. 78-1328.

88 Mich. App. 477 (1979)

277 N.W.2d 2

PEOPLE v. SULLIVAN

Michigan Court of Appeals.

Decided February 6, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Assistant Prosecuting Attorney, for the people.

Thomas K. Ellis, for defendant on appeal.

Before: D.E. HOLBROOK, JR., P.J., and D.E. HOLBROOK and CYNAR, JJ.


CYNAR, J.

The prosecution appeals as of right from a March 31, 1978, circuit court order dismissing a charge of assault with intent to do great bodily harm less than murder, MCL 750.85; MSA 28.279. The charge was dismissed because it was not joined and tried with a charge of larceny over $100, MCL 750.356; MSA 28.588, which allegedly arose out of the same transaction.

The offenses in question allegedly took place on October 25, 1977, and were charged in separate...

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