People v. Tower

Defendant’s delayed application for leave to appeal was granted in this case to determine whether the circuit court erred in reinstating a common-law felony charge of obstruction of justice, MCL 750.505; MSA 28.773, previously dismissed by the district court at defendant’s preliminary examination. We reverse.

The sole witness who testified at defendant’s preliminary examination was Alva Hayes, a "turnkey” at the Tuscola County Sheriffs Department. Following defendant’s waiver of preliminary examination in a separate case, Hayes handcuffed defendant and they began walking down the hallway…