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IN RE LOVELL

Docket No. 194504.

572 N.W.2d 44 (1997)

226 Mich. App. 84

In re Kathryn Marie LOVELL, a Minor. PEOPLE of the State of Michigan, Appellant, v. Kathryn Marie LOVELL, Appellee.

Court of Appeals of Michigan.

Decided October 21, 1997, at 9:05 a.m.

Released for Publication January 22, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., Norman W. Donker, Prosecuting Atty., and Michael S. Wolsh, Asst. Prosecuting Atty., for appellant.

Michael D. Carpenter, Midland, for Kathryn M. Lovell.

Before BANDSTRA, P.J., and RICHARD ALLEN GRIFFIN and FITZGERALD, JJ.

BANDSTRA, Presiding Judge.

Appellee, a sixteen-year-old minor, allegedly assaulted and battered her mother in the kitchen of their home. The prosecutor filed a petition charging appellee under M.C.L. § 750.81(2); M.S.A. § 28.276(2) with assault and battery. The referee hearing the case refused to issue the petition, concluding that the particular subsection under which appellee was charged did not apply to the facts of the present case. The prosecutor filed...

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