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PEOPLE v. KUBASIAK

Docket No. 47476.

98 Mich. App. 529 (1980)

296 N.W.2d 298

PEOPLE v. KUBASIAK

Michigan Court of Appeals.

Decided July 2, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Carol S. Irons, Chief Appellate Attorney, for the people.

David M. Hall, for defendant on appeal.

Before: R.B. BURNS, P.J., and J.H. GILLIS and D.C. RILEY, JJ.

J.H. GILLIS, J.

The defendant was charged with felonious assault, MCL 750.82; MSA 28.277, breaking and entering with the intent to commit felonious assault, MCL 750.110; MSA 28.305, and first-degree criminal sexual conduct, MCL 750.520b(1)(f); MSA 28.788(2)(1)(f). A preliminary examination was held on September 12, 1978, at the conclusion of which the defendant was bound over for trial on all three charges.

Prior to trial, the defendant moved in the circuit...

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