People v. Hagar

The appellant was convicted by a jury of first-degree murder, MCLA 750.316; MSA 28.548, and appeals.

The appellant was originally charged with felony murder. After a preliminary examination before a Highland Park municipal judge, the information was quashed and the appellant was discharged.

On February 14, 1974, the appellee filed a civil action in circuit court against the examining magistrate. The appellee sought an order for superintending control requiring the magistrate to bind the appellant over on either the charge of felony murder, or first- or second-degree murder.

A hearing was held…