In Re Wayne County Prosecutor

This is an original action for superintending control brought by the Wayne County Prosecutor. Robert Lucas had been charged with armed robbery, MCL 750.529; MSA 28.797, assault with intent to murder, MCL 750.83; MSA 28.278, and first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2). After Lucas was bound over for trial in the Detroit Recorder’s Court, he asserted his right to a jury trial. Trial began before a jury, but Lucas requested a waiver of his right to a jury at the close of the proofs and asked that the merits of the case be decided by the trial judge. Over the…