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PEOPLE v. WESTON

Docket No. 65995.

413 Mich. 371 (1982)

319 N.W.2d 537

PEOPLE v. WESTON

Supreme Court of Michigan.

Decided May 25, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and Kay F. Pearson, Assistant Prosecuting Attorney, for the people.

Nora J. Pasman, Assistant State Appellate Defender, for defendant.

PER CURIAM:

MCL 766.4; MSA 28.922 requires that a magistrate "set a date for a preliminary examination not exceeding 12 days" after the day on which a person charged with a crime is brought before the magistrate. There is no question in this case that the date set was more than 12 days after the defendant appeared in the district court. The magistrate was therefore required to discharge the defendant without prejudice to the prosecutor's right to later initiate an...

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