People v. Recorder's Court Judge

This appeal arises from the dismissal of charges of breaking and entering a place of business, MCL 750.110; MSA 28.305, and possession of burglar’s tools, MCL 750.116; MSA 28.311, against two defendants following the conclusion of a preliminary examination in Detroit Recorder’s Court.

At the commencement of the preliminary examination, the magistrate refused to issue a bench warrant for a witness whose building had been broken into and who failed to appear for the examination. After the testimony and argument, the magistrate dismissed both counts against the defendants, enumerating several…