People v. Farmer, Docket No. 5699
| Citation | 167 N.W.2d 597,16 Mich.App. 148 |
| Decision Date | 25 February 1969 |
| Docket Number | No. 1,Docket No. 5699,1 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Herbert FARMER, Defendant-Appellant |
| Court | Court of Appeal of Michigan (US) |
Alan A. May, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, William L. Cahalan, Pros. Atty., Samuel J. Torina, Chief Appellate Lawyer, Thomas P. Smith, Asst. Pros. Atty. Wayne County, Detroit, for plaintiff-appellee.
Before FITZGERALD, P.J., and BRONSON and R. B. BURNS, JJ.
Defendant was arrested January 12, 1967, and was arraigned before the recorder's court of the city of Detroit, January 14, 1967. On April 6, 1967, an information was filed and the defendant was arraigned on the information.
Defendant was sentenced to 25 to 50 years on a different charge April 26, 1967, and remanded to the department of corrections. A notation of that sentence appears on the mittimus in default of bail of the instant case.
A notice was sent to defense counsel on January 23, 1968, informing him that trial would be held on February 23, 1968. Defendant moved to dismiss the case for lack of jurisdiction because 303 days had expired since he was sentenced on April 26, 1967.
M.C.L.A. § 780.131 (Stat.Ann.1969 Cum.Supp. § 28.969(1)) provides:
M.C.L.A. § 780.133 (Stat.Ann.1969 Cum.Supp. § 28.969(3)) provides:
'In the event that, within the time limitation set forth in section 1 of this act (§ 780.131), action is not commenced on the matter for which request for disposition was made, no court of this state shall any longer have jurisdiction thereof, nor shall the untried warrant, indictment, information or complaint be of any further force or effect, and the court shall enter an order dismissing the same with...
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People v. Ferguson
...good faith action to meet the demands of People v. Hill. Cf., People v. Wright, supra, 252-253, 280 N.W.2d 836; People v. Farmer, 16 Mich.App. 148, 151, 167 N.W.2d 597 (1969). Defendants next attack the search warrant used to gain entry into and to search the apartment in which they were ar......
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People v. Forrest, Docket No. 27207
...mandated dismissal of pending charges where delays result from protracted periods of prosecutorial inaction. See People v. Farmer, 16 Mich.App. 148, 167 N.W.2d 597 (1969) (272 days). Even where defendant has failed to raise the issue below, this Court has reversed a conviction where the pro......
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...370 Mich. 147, 153, 121 N.W.2d 438; People v. Williams (1968), 9 Mich.App. 676, 682, 683, 687, 158 N.W.2d 42; People v. Farmer (1969), 16 Mich.App. 148, 167 N.W.2d 597, construing a different statute 9 but on principle relevant in the application of M.C.L.A. § 767.38 as Defendant Whitney ha......
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People v. Downing, Docket Nos. 9399
...Ballard's period of incarceration during which an untried warrant was outstanding consisted of 279 days. In People v. Farmer (1969), 16 Mich.App. 148, 151, 167 N.W.2d 597, 598, a claim was asserted under the 180-day rule and the Court of Appeals reversed the conviction, 'In the present case......