People v. Stafford

The issue before the Court involves whether the examining magistrate in this case erred in binding over the defendánt, Susan Stafford, for second-degree murder. The Court of Ap*127peals held that the magistrate abdicated, and therefore abused, his discretion in the manner in which he relied on People v Oster, 67 Mich App 490; 241 NW2d 260 (1976), to bind the defendant over for second-degree murder at a remanded preliminary examination. We conclude that the Court of Appeals did not clearly err, and affirm that Court’s decision.

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The prosecutor charged defendant with open murder for the stabbing…