PEOPLE v. HARBIN

Docket No. 113343.

181 Mich. App. 654 (1989)

450 N.W.2d 24

PEOPLE v. HARBIN

Michigan Court of Appeals.

Decided August 23, 1989.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Gary M. Gabry, Prosecuting Attorney, and Raymond P. Voet, Assistant Prosecuting Attorney, for the people.

David A. Hoort, for defendant.

Before: MICHAEL J. KELLY, P.J., and WAHLS and HOLBROOK, JR., JJ.


PER CURIAM.

The prosecution appeals from a December 5, 1988, order of the Ionia Circuit Court dismissing the charge of prison escape, MCL 750.193; MSA 28.390, against defendant, William R. Harbin, Jr., on the basis of defendant's having been "denied an opportunity to present a defense." We reverse and remand for proceedings consistent with this opinion.

On May 4, 1988, a warrant was authorized for the arrest of defendant for prison escape for an incident which...

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