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PEOPLE v. STEWART

Docket Nos. 16747, 16963, 16964.

52 Mich. App. 477 (1974)

217 N.W.2d 894

PEOPLE v. STEWART PEOPLE v. REDRICK PEOPLE v. HOLIDAY

Michigan Court of Appeals.

Decided April 22, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Division, and Michael R. Mueller, Assistant Prosecuting Attorney, for the people.

Harris, Stein & Hooberman, for defendant Stewart.

Owen J. Galligan, for defendant Redrick.

Durant, Talbot, Grant & McQuarrie, for defendant Holiday.

Before: J.H. GILLIS, P.J., and HOLBROOK and VAN VALKENBURG, JJ.

J.H. GILLIS, P.J.

Two defendants, charged with possession of heroin, MCLA 335.341; MSA 18.1070(41), were bound over for trial after preliminary examination; the third was bound over after waiving preliminary examination. After the informations had been filed but before trial, over prosecutorial objection, the trial judge dismissed each case, stating:

"And if it's less than three grains,1 according to my prior policy statement,...

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