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PEOPLE v. RUSSELL J. DAVIS

PER CURIAM.

Defendant was found guilty by a jury of breaking and entering and was sentenced to four to ten years in the state penitentiary.

MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305).

Defendant's sole issue on appeal concerns MCLA § 725.16 (Stat Ann 1962 Rev § 27.3956) which requires a judicial order to empower a clerk or his deputy to sign a criminal complaint. The issue is stated thus: is reversible error committed when the trial court refuses to dismiss a criminal case at the conclusion of the people's proof, and at the conclusion of the trial, where the original criminal complaint issued against the defendant was not signed by a municipal judge, but by a deputy clerk not having authority to do so?

There is ample Michigan authority to hold that there is a waiver of the right to object to a criminal complaint if not brought before the jury is sworn. People v. Roney (1967), 7 Mich. App. 678; People v. Licavoli (1931), 256 Mich. 229; People v. Bonneau (1948), 323 Mich. 237; People v. Linscott (1968), 14 Mich. App. 334; People v. Curran (1916), 191 Mich. 583; People v. Graves (1968), 15 Mich. App. 244.

Affirmed.

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PEOPLE v. RUSSELL J. DAVIS
(Jun 3, 1970)