People v. RUSSELL J. DAVIS

Defendant was found guilty by a jury of breaking and entering ** and was sentenced to four to ten years in the state penitentiary.

Defendant’s sole issue on appeal concerns MCLA § 725.16 (Stat Ann 1962 Rev § 27.3956) which requires a judicial order to empower a clerk or his deputy to sign a criminal complaint. The issue is stated thus: is reversible error committed when the trial court refuses to dismiss a criminal case at the conclusion of the people’s proof, and at the conclusion of the trial, where the original criminal complaint issued against the defendant was not signed by a municipal…