People v. Vasher

Defendant was charged with five counts of criminal sexual conduct in the first degree, MCL 750.520(b); MSA 28.788(2). Following a preliminary examination on December 18, 1986, defendant was bound over for trial on all five counts. Defendant’s subsequent motion to quash Counts i, iv and v was denied by the circuit court. It is from this order that defendant sought and was granted permission to bring this interlocutory appeal. We affirm in part and reverse in part.

The facts as adduced at the preliminary examination are as follows. On June 9, 1986, Brenda Barron and Johnny Ochalick picked up a…