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PEOPLE v. SMITH

Docket No. 77-4427.

89 Mich. App. 478 (1979)

280 N.W.2d 862

PEOPLE v. SMITH.

Michigan Court of Appeals.

Decided April 16, 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.

Adams, Goler & Williams, for defendant on appeal.

Before: R.B. BURNS, P.J., and D.F. WALSH and M.E. CLEMENTS, JJ.

ON REHEARING

D.F. WALSH, J.

The prosecutor appeals from the trial court's dismissal of three charges arising out of the defendant's unsuccessful escape from the custody of a prison guard. A preliminary statement of facts is necessary to our discussion.

Defendant, an inmate at Jackson Prison, had been transferred to Foote Memorial Hospital in Jackson for medical treatment. During his stay there he was...

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