Wayne County Prosecuting Attorney v. Recorder's Judge

Plaintiff seeks relief from an order of a municipal judge who, while acting as an examining magistrate in Recorder’s Court by direction of the Supreme Court pursuant to MCLA § 600.225 (Stat Ann 1970 Cum Supp § 27A.225), bound an accused over for trial on a charge of murder in the second degree, MCLA § 750.317 (Stat Ann 1954 Rev § 28.549), rather than murder in the first degree, MCLA § 750.316 (Stat Ann 1954 Rev § 28.548), as charged in the complaint and warrant. The people request this Court to exercise superintending control and remand the case to the magistrate and order him to perform his…