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PEOPLE v. CLARK

Docket No. 58627.

113 Mich. App. 477 (1982)

317 N.W.2d 664

PEOPLE v. CLARK

Michigan Court of Appeals.

Decided February 18, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Geoffrey H. Nickol, Assistant Prosecuting Attorney, for the people.

David A. Gordon, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and ALLEN and T.C. MEGARGLE, JJ.

T.C. MEGARGLE, J.

Defendant was charged with the following offenses: Count I, armed robbery, MCL 750.529; MSA 28.797; Count II, larceny with safe damage, MCL 750.531; MSA 28.799. At the preliminary examination the defendant was bound over as charged on Count II, but the magistrate bound defendant over on felonious assault and breaking and entering a motor vehicle, instead of armed robbery.

The issue is whether or not the preliminary examination magistrate...

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