State v. Rhine

OPINION

BUSSEY, Judge:

Appellees, Arthur Leroy Rhine and Donald Edward Korb, were charged in the District Court of, Ottawa County, Case No. CRF-87-105, with. Embezzlement by a. Bailee. The charge was dismissed at preliminary hearing, and the magistrate’s ruling was affirmed on appeal to the district court. The State has appealed from the district court’s ruling.

In its' first assignment, the State seeks reversal because the preliminary hearing magistrate denied an oral request for continuance to produce a material witness. However, the denial of a motion for a continuance is not appealable by…