People v. Recorder's Court Judge 1

Samuel L. Dickens (defendant) was arrested and charged with armed robbery, MCLA 750.529; MSA 28.797. At the conclusion of the preliminary examination, Recorder’s Court Judge Gardner, acting in the capacity of magistrate, dismissed the charge against the defendant on the ground that the prosecutor had failed to show probable cause that the defendant had participated in the crime. The prosecutor petitioned Wayne County Circuit Court for an order of superintending control requiring the defendant’s case to be bound over for trial. The circuit court denied the order and the prosecutor appeals as…