People v. Fenner

This is certiorari to review defendant’s condemnation under the bastardy statute (2 Comp. Laws 1915, § 7753 et seq.). After the jury had been sworn and the taking of testimony had just commenced, defendant’s counsel objected to any testimony being received because there was no written complaint of the prosecutrix. Examination of the files disclosed that no> complaint was attached to the return and none was found in the files. The jury was excused and the examining magistrate was called. He testified that the written complaint was filed with *241him but that when he came to make his return he was…