People v. Robinson

On October 19, 1978, defendant was charged with larceny by false pretenses over $100, MCL 750.218; MSA 28.415. Over defense counsel’s objections that defendant should have been charged under the penalty section of the Employment Security Act, MCL 421.54(b); MSA 17.558(b), defendant was bound over as charged to the circuit court. In circuit court, defendant moved Judge Conlin to quash the information on two grounds: (1) the district court judge abused his discretion in binding over the defendant on the false pretenses charge since there is a more specific penalty provided for in the Employment…