People v. Mosley

Defendant was convicted of second-degree murder in violation of MCLA 750.317; MSA 28.549 by a trial court sitting without a jury. He was sentenced to serve a term of from 10 to 20 years imprisonment. He appeals his conviction as of right, raising five issues for our consideration.

The record shows that for some reason the trial court failed to rule on the defendant’s motion to quash the information on the ground that evidence produced at the preliminary examination was insufficient to bind him over until the date of trial. At that time defendant renewed his motion but the trial court declined…