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People v. Kennedy

Michigan Court of Appeals
Nov 27, 1968
14 Mich. App. 360 (Mich. Ct. App. 1968)

Opinion

Docket No. 5,759.

Decided November 27, 1968. Rehearing denied January 17, 1969. Leave to appeal granted May 23, 1969. 382 Mich. 757.

Appeal from Oakland, Ziem (Frederick C.), J. Submitted Division 2 November 15, 1968, at Lansing. (Docket No. 5,759.) Decided November 27, 1968. Rehearing denied January 17, 1969. Leave to appeal granted May 23, 1969. 382 Mich. 757.

Edward Kennedy was convicted of perjury. Defendant appeals from order of Circuit Court remanding case for further examination after Court of Appeals set aside conviction and quashed information. Reversed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, S. Jerome Bronson, Prosecuting Attorney, and Dennis Donohue, Chief Appellate Counsel, for the people.

Hyman, Gurwin, Nachman Friedman, for defendant.


Defendant was convicted of perjury after trial. This Court on appeal in People v. Kennedy (1968), 9 Mich. App. 346, quashed the information for failure of the preliminary examination to establish one of the essential elements of the crime charged. The matter was not remanded to the trial court.

CL 1948, § 750.422 (Stat Ann 1954 Rev § 28.664).

Subsequently, the people moved the trial court to remand the cause to the magistrate for further examination and the motion was granted. This appeal from order granting the motion to remand raises the following question:

"Did the trial court have jurisdiction to remand the cause for further examination after the Court of Appeals had set aside the conviction and quashed the information'"

Although GCR 1963, 802.1, and Hoffman v. Security Trust Company of Detroit (1931), 256 Mich. 383, are authority for the rule that perfection of an appeal vests jurisdiction in the appellate court, this does not answer the next question presented here of what happens to a cause when the appellate court has entered its decision reversing the lower court.

It is the opinion of this Court that in the absence of affirmative steps taken to revest jurisdiction in the lower court, such jurisdiction does not again attach. In the absence of an order remanding the instant case to the trial court, it had no jurisdiction to take further steps in the cause.

Reversed.

FITZGERALD, P.J., and R.B. BURNS and ROBINSON, JJ., concurred.


Summaries of

People v. Kennedy

Michigan Court of Appeals
Nov 27, 1968
14 Mich. App. 360 (Mich. Ct. App. 1968)
Case details for

People v. Kennedy

Case Details

Full title:PEOPLE v. KENNEDY

Court:Michigan Court of Appeals

Date published: Nov 27, 1968

Citations

14 Mich. App. 360 (Mich. Ct. App. 1968)
165 N.W.2d 484

Citing Cases

People v. Kennedy

Decided February 15, 1971. 14 Mich. App. 360 reversed. Edward Kennedy was convicted of…