People v. Dalby

The prosecution appeals as of right from an order of the Oakland Circuit Court dismissing a felony charge of larceny in a building against defendant. MCL 750.360; MSA 28.592. We reverse.

The basis for the charge was an allegation by department store security personnel that the defendant tried to take a blouse valued at $78 from the store on May 18, 1988. The complaint was signed May 19. The record indicates an arraignment on that date. Defendant filed a motion to quash or dismiss in July, 1988, arguing that if she was going to be prosecuted it had to be under a recent amendment to the penal…