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PEOPLE v. FRANKLIN

Docket No. 59098.

117 Mich. App. 393 (1982)

323 N.W.2d 716

PEOPLE v. FRANKLIN

Michigan Court of Appeals.

Decided June 22, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Margaret G. Horenstein, Assistant Prosecuting Attorney, for the people.

Lawrence G. Kalvzny, for defendant.

Before: M.F. CAVANAGH, P.J., and BRONSON and BEASLEY, JJ.

BRONSON, J.

The people appeal by leave granted from an order entered in the Oakland County Circuit Court, affirming the order of a district court magistrate which denied the prosecution's request for an arrest warrant on the charge of breaking and entering an occupied dwelling. MCL 750.110; MSA 28.305.

The underlying facts are not in dispute. Defendant was arrested in the City of Troy, Oakland County, on an existing misdemeanor warrant. When arrested, defendant...

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