People v. Munn

Defendant was tried before a jury in the Bay County Circuit Court for malicious destruction of property of another in excess of $100. ** The offense occurred after a brawl in front of a restaurant run by complainant. The testimony of the complainant and his wife tended to show that defendant broke several plate-glass windows in the restaurant after the fight. Other res gestae wit nesses contradicted one another as to when and how many windows were broken.

The prosecutor was permitted to amend his complaint and warrant at the preliminary examination. Defendant argues that his motion to dismiss…