People v. Smith

This is an interlocutory appeal from the Court of. Appeals’ decision which affirmed the trial court’s denial of defendant’s motion to quash the information.

We reverse the Court of Appeals and the trial court and direct that the information be quashed.

Defendant and three others were charged with carrying a concealed weapon in a motor vehicle, MCLA 750.227; MSA 28.424, and after preliminary examination defendants were bound over for trial.

Detroit Police Officer Ward testified at the preliminary examination that he and his partner observed a Ford Econoline van, in which defendant Smith was a…