People v. White

Defendant appeals her jury conviction of unlawful sale of narcotics. MCLA § 335.152 (Stat Ann 1971 Rev § 18.-1122).

The complaint and warrant were not filed and the arrest was not made until approximately five months subsequent to the date on which the offense was alleged to have occurred.

This five-month delay between the alleged offense and issuance of the complaint and warrant is urged by defendant as a denial of due process. As was made clear in People v Hernandez (1968), 15 Mich App 141, 146, evidence of prejudice and not *659the mere fact of delay is the relevant factor in determining whether…