¶1Where, upon an affidavit made by the accused that the examining magistrate is a material witness for the prisoner, he is taken before another magistrate for examination by direction of the first magistrate, such action is illegal, and the justice who issued the warrant does not lose, nor does the other magistrate acquire,, jurisdiction of the case; and the prisoner should be taken before the magistrate who issued the warrant, and he should proceed with the examination.
97 Mich. 632
People v. Duncan
Decided November 28, 1893
Michigan Supreme Court · decided 1893-11-28
.The petitioner was arrested upon a warrant charging him -with the crime of rape, and, on being brought before the justice of the peace ivho issued the warrant, made an affidavit that the justice was a material witness in his behalf.
Decided 1893-11-28