People v. Hammond

The prosecutor appeals by leave granted after the circuit court granted defendant’s motion to quash the information, 1 following which it denied the prosecutor’s motion for reconsideration. We affirm the decision of the circuit court.

The information that the circuit court quashed had charged defendant with five counts of uttering and publishing, MCL 750.249; MSA 28.446. 2 The circuit judge determined that the magistrate had abused his discretion by binding the defendant over because all of the elements of the crime were not supported by the evidence.

The purpose of a preliminary examination is…