People v. Miklovich
| Decision Date | 11 May 1965 |
| Docket Number | No. 64,64 |
| Citation | 375 Mich. 536,134 N.W.2d 720 |
| Parties | PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Anthony M. MIKLOVICH, Defendant and Appellant. |
| Court | Michigan Supreme Court |
James J. Espkamp, Caro, for plaintiff and appellee.
F. Norman Higgs, Bay City, for defendant and appellant.
Before the Entire Bench.
Defendant and appellant, having been convicted by a jury of negligent homicide, appeals from the judgment and sentence of the Tuscola county circuit court that 'respondent pay a fine of $1,500 and costs of $100.'
The first preliminary examination of defendant, who was originally charged with having committed the crime of involuntary manslaughter on or about October 21, 1957, was held January 15, 1958 and defendant was bound over to circuit court.
Prior to trial, set for May 1, 1958, defendant filed a motion to quash the information on the ground that the evidence produced at the preliminary examination did not establish probable cause to believe the defendant guilty of the crime charged. The trial court granted defendant's motion but also granted the oral motion of the prosecutor to remand the cause to the examining magistrate for a further preliminary examination.
On February 20, 1959, a second preliminary examination was held over defendant's objection that the magistrate had no jurisdiction over the cause. At the conclusion of the hearing, the examining magistrate took the matter under advisement. No further proceedings were had until February 2, 1962, when the prosecutor filed the return of the examining magistrate dated February 2, 1962, binding defendant over to circuit court and also filed an information charging defendant with the crime of negligent homicide.
Defendant was arraigned on February 10, 1962, at which time he stood mute and notified the court of his intention to file a motion to dismiss. Thereafter, on March 21, 1963, defendant filed a motion to dismiss the information, which motion was denied by the trial court. In November, 1963, defendant was tried and found guilty of negligent homicide.
On appeal, defendant asserts that the circuit court was without jurisdiction on May 1, 1958, to remand the cause for further examination when the record did not support a finding of probable cause to believe defendant guilty of the crime charged; that the failure of the prosecution to file an information between February 20, 1959, and February 2, 1962, constitutes a violation of defendant's rights to a speedy trial under the constitution and statutes of Michigan; and that such delay also constitutes a violation of defendant's due process rights under the 14th amendment to the United States Constitution.
In support of his contention that the circuit court had no jurisdiction to remand to the examining magistrate, defendant argues that since under C.L.1948, § 766.13 (Stat.Ann.1954 Rev. § 28.931) 1 the magistrate must discharge the defendant if he finds that no offense has been committed or that there is not probable cause for charging the defendant therewith, it therefore follows that the circuit court upon a similar finding, under a motion to quash the information, has no authority to order a further examination.
Defendant's argument is without merit. The discharge by an examining magistrate upon examination of a person accused of a crime is not a bar to his subsequent arrest, examination and trial for the same offense because he has not been placed in jeopardy. 2 Jurisdiction, having once vested in the circuit court, was not lost by virtue of the granting of the motion to quash the information. 3 Therefore, the circuit court had authority, upon motion of the prosecutor, to remand to the examining magistrate for further examination.
Defendant's next contention that his right to a speedy trial under the statutes and constitution of the State of Michigan has been violated is foreclosed by People v. Duncan, 373 Mich. 650, 130 N.W.2d 385, in which case this Court unequivocally stated than an accused's constitutionally guaranteed right to a speedy trial must be asserted by a 'formal demand on the record.' The record in this case is devoid of any such demand by defendant during the period from February 20, 1959, to ...
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People v. New
...of "present but unknowable" constitutional rights: The Aftermath of the Brady trilogy, 74 Colum L R 1435 (1974).14 People v. Miklovich, 375 Mich. 536, 539, 134 N.W.2d 720 (1965); People v. Salazar, 124 Mich.App. 249, 251-252, 333 N.W.2d 567 (1983).1 Slip op., p. 364.2 Thompson v. Louisville......
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People v. Missouri
...at the preliminary examination, and rather than remand the case for the taking of further evidence pursuant to People v. Miklovich, 375 Mich. 536, 134 N.W.2d 720 (1965), and People v. Kennedy, 384 Mich. 339, 183 N.W.2d (1971), the trial court ordered that a special identification procedure ......
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People v. Walker
...People v. Dellabonda (1933), 265 Mich. 486, 251 N.W. 594; People v. Karcher (1948), 322 Mich. 158, 33 N.W.2d 744; People v. Miklovich (1965), 375 Mich. 536, 134 N.W.2d 720; People v. Kennedy (1971), 384 Mich. 339, 183 N.W.2d In this case, the prosecutor and the judges relied on article 1, §......
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People v. Chism, Docket No. 9278
...that a denial of speedy trial issue cannot be raised unless a formal, record demand for trial has been made. People v. Miklovich (1965), 375 Mich. 536, 134 N.W.2d 720; People v. Duncan (1964), 373 Mich. 650, 130 N.W.2d 385; People v. Frazier (1969), 16 Mich.App. 38, 167 N.W.2d 481. Although......