PEOPLE v. MATTHEWS

Docket No. 61146.

124 Mich. App. 23 (1983)

333 N.W.2d 371

PEOPLE v. MATTHEWS

Michigan Court of Appeals.

Decided March 9, 1983.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Timothy L. Cronin, Assistant Prosecuting Attorney, for the people.

Clark, Hardy, Lewis, Fine & Pollard, P.C. (by Daniel M. Clark and Neil H. Goodman), for defendants.

Before: M.F. CAVANAGH, P.J., and D.C. RILEY, and C.J. HOEHN, JJ.


C.J. HOEHN, J.

The facts of this case and the applicable law are adequately set forth in Judge CAVANAGH'S dissenting opinion. On these facts, we conclude that the examining magistrate did not err in binding defendants over for trial.

The testimony adduced at the preliminary examination indicates that defendant Matthews made a false representation as to a past fact, i.e., that he had in the past negotiated...

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