People v. Clark

Defendant was charged with the following offenses: Count I, armed robbery, MCL 750.529; MSA 28.797; Count II, larceny with safe damage, MCL 750.531; MSA 28.799. At the preliminary examination the defendant was bound over as charged on Count II, but the magistrate bound defendant over on felonious assault and breaking and entering a motor vehicle, instead of armed robbery.

The issue is whether or not the preliminary examination magistrate abused his discretion in refusing to bind defendant over on an armed robbery count.

The evidence presented at the preliminary examination revealed that the…