People v. McMiller

The prosecution appeals as of right from an order of the circuit court quashing the information charging defendant with open murder, carrying a concealed weapon with unlawful intent, MCL 750.226; MSA 28.423, and two counts of possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant had earlier pleaded guilty in juvenile court to another charge of carrying a concealed weapon (ccw), MCL 750.227; MSA 28.424. Here, the only question is whether the open murder charge violates defendant’s constitutional right not to be placed twice in jeopardy for the same…