Yaner v. People

Marston, J:

The respondent was arrested, examined and held for trial, upon a complaint charging him with having committed the crime of murder. An information containing a similar charge was filed in the circuit court, upon which he was tried, found guilty of manslaughter, and sentenced to state prison for seven years.

Before pleading, a motion was made on behalf of the respondent to quash the information, “because it affirmatively appeared that the examining magistrate refused to determine whether the facts proven on the examination amounted to manslaughter or murder.” The magistrate, in…