People v. Carter

Defendant Carter pleaded guilty in 1959 to murder in the second degree and is serving his sentence in the State prison of southern Michigan at Jackson. A motion to set aside the conviction and sentence or, in the alternative, for a new trial in the circuit court was made by him in 1965. The motion claimed that the constitutional rights of defendant were violated by failure of the prosecuting attorney to sign and file with the justice of the peace an order authorizing the issuance of the warrant under which defendant was charged and that, in the absence of such an order, the warrant was…