People v. Culhane, 474 Mich. 874

Summary

The Michigan Supreme Court denied leave to appeal in a larceny-in-a-building case involving whether the defendant should have been bound over for trial. A concurrence addressed the magistrate’s assessment of witness credibility and lack of evidence of intent to permanently deprive, while a dissent argued that conflicting factual inferences should have been resolved at trial rather than at the preliminary examination stage.

Questions Presented

1. Whether the district court abused its discretion by refusing to bind defendant over for trial on larceny-in-a-building charges when the evidence raised a factual question regarding his intent to permanently deprive the complainant of her money.
2. Whether an examining magistrate may resolve witness credibility and conflicting inferences at a preliminary examination, or instead must bind the defendant over when the evidence establishes probable cause despite a claimed reasonable doubt.

Disposition

writ_denied