People v. Dixson

The issue in this case is whether the rule in People v Ramsey, 385 Mich 221; 187 NW2d 887 (1971), precludes a judge who reads a preliminary examination transcript in ruling on a defendant’s motion to quash from sitting as trier of fact under the facts of this case. We hold that it does not.

I

Following a preliminary examination, the defendant was bound over to circuit court for trial on a charge of first-degree murder. The defense moved to quash the information on the ground that the examining magistrate erred in binding the case over for trial. In order to decide the motion to quash and with…