People v. Stubblefield

On April 25, 1979, the defendant was bound over for trial on a charge of escape, MCL 750.193; MSA 28.390, MCL 791.265a; MSA 28.2325(1). The defendant thereafter moved the lower court to quash the information. The motion was granted and the charge dismissed. The lower court judge found that the corpus delicti of the offense had not been sufficiently established and that the examining magistrate had abused his discretion in ruling to the contrary. From this determination, plaintiff appeals as of right.

An examination of the preliminary examination testimony shows that the defendant had been…