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PEOPLE v. COUTU

Docket No. 188417.

599 N.W.2d 556 (1999)

235 Mich. App. 695

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James COUTU, Sr., Arthur Kinney, Gerald Reeves and Hollie Spear, Defendant-Appellees.

Court of Appeals of Michigan.

Decided June 1, 1999, at 9:10 a.m.

Released for Publication September 10, 1999.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Kathryn G. Barnes, Assistant Prosecuting Attorney, for the people.

Arthur Jay Weiss, Farmington Hills, for James Coutu, Sr.

Fieger, Fieger & Schwartz, P.C. (by Michael Alan Schwartz ), Southfield, for Gerald Reeves.

Before: HOOD, P.J., and McDONALD and SAWYER, JJ.

ON REMAND

PER CURIAM.

The district court refused to bind defendants over on charges of misconduct in office and conspiracy to commit misconduct in office, M.C.L. § 750.505; MSA 28.773 and M.C.L. § 750.157a; MSA 28.354(1). It dismissed the charges after concluding that proof of a quid pro quo linking inmates' gifts to favors by defendants was a necessary element of the charge of misconduct in office and...

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