People v. Nevitt

Defendant was charged with assault with intent to do great bodily harm less than murder. MCLA 750.84; MSA 28.279. A preliminary examination was conducted on January 21, 1976. The examining magistrate determined that the prosecution had failed to demonstrate that a crime had been committed and dismissed the complaint. MCLA 766.13; MSA 28.931.

The prosecutor sought to recharge defendant on the same evidence. On February 13, 1976, a complaint and warrant were again issued charging defendant with the same crime that had been originally charged. A preliminary examination on the second warrant was…