People v. Boyd

Defendant was charged with assaulting a prison employee, MCL 750.197c; MSA 28.394(3). At the preliminary examination, it was established that the defendant, a prisoner at Marquette Branch State Prison, threw a container of liquid, probably urine, in the face of a guard. Defendant was bound over for trial by the examining magistrate.

Defendant filed a motion to dismiss the charge prior to trial. The trial court granted the motion and the prosecutor appeals.

The prosecutor asserts the trial court erred in holding that the statute requires proof that the defendant was attempting an escape at the…