Jackson County Prosecutor v. Court of Appeals, 57199
| Citation | 394 Mich. 527,232 N.W.2d 172 |
| Decision Date | 19 August 1975 |
| Docket Number | No. 57199,57199 |
| Parties | JACKSON COUNTY PROSECUTOR, Petitioner, v. COURT OF APPEALS, Respondent. 394 Mich. 527, 232 N.W.2d 172 |
| Court | Supreme Court of Michigan |
James M. Justin, Jackson, for petitioner.
Jack L. Borst, Lansing, for respondent.
Before the Entire Bench.
Walter Stanton was charged with violating a state law proscribing the possession of a certain implement by prison inmates. M.C.L.A. § 800.283; M.S.A. § 28.1623. A circuit judge quashed the information filed against Stanton on grounds the statute under which he was charged was 'too broad' and thus was constitutionally defective.
The prosecution sought an appeal to the Court of Appeals as of right by filing a claim of appeal. The prosecution's appeal was returned, unfiled, with a letter from a Court of Appeals Assistant Clerk citing People v. Martin, 59 Mich.App. 471, 229 N.W.2d 809 (1975).
The prosecution now seeks superintending control from this Court. Under GCR 1963, 862.5, we grant superintending control and order the Court of Appeals to docket the prosecutor's appeal in the Walter Stanton case on the basis of the proper filing, by the prosecution, of the claim of appeal.
The act of the circuit court in quashing the information in this case was a final pretrial decision of the circuit court, M.C.L.A. § 600.308; M.S.A. § 27A.308, which shall be appealable as of right to the Court of Appeals, M.C.L.A. § 600.309; M.S.A. § 27A.309.
In so holding, this Court expressly overrules the holding to the contrary in People v. Martin, supra.
SWAINSON, J., not participating.
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