People v. King

We address the scope of the examining magistrate’s function and appellate review of that function when an appellant alleges error in the decision of the examining magistrate, because our reading of the Court of Appeals opinion in this case and People v Oster, 67 Mich App 490; 241 NW2d 260 (1976), suggests a need to clarify our decisions.

I

The defendant was charged with first-degree murder for shooting Rick Stroble to death on December 30, 1978. The evidence at the preliminary examination showed that the defendant and his wife were separated and in the process of obtaining a divorce. The…