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IN RE WAYNE COUNTY PROSECUTOR

Docket No. 51656.

110 Mich. App. 739 (1981)

313 N.W.2d 95

In re WAYNE COUNTY PROSECUTOR (PEOPLE v. RECORDER'S COURT JUDGE).

Michigan Court of Appeals.

Decided September 15, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Timothy L. Cronin, Assistant Prosecuting Attorney, for the people.

Alphonso R. Harper, for defendant.

Monsey G. Wilson, for intervening defendant Gregory J. Garrett.

Before: V.J. BRENNAN, P.J., and N.J. KAUFMAN and E.E. BORRADAILE, JJ.

PER CURIAM.

This appeal arises from the dismissal of charges of breaking and entering a place of business, MCL 750.110; MSA 28.305, and possession of burglar's tools, MCL 750.116; MSA 28.311, against two defendants following the conclusion of a preliminary examination in Detroit Recorder's Court.

At the commencement of the preliminary examination, the magistrate refused to issue a bench warrant for a witness whose building had been broken into and who failed...

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