Section 766.1 - Right of state and accused to prompt examination.
THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
766.1 Right of state and accused to prompt examination.
Sec. 1.
The state and accused shall be entitled to a prompt examination and determination by the examining magistrate in all criminal causes and it is hereby made the duty of all courts and public officers having duties to perform in connection with such examination, to bring them to a final determination without delay except as it may be necessary to secure to the accused a fair and impartial examination.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17193 ;-- CL 1948, 766.1
Constitutionality: There is no federal constitutional right to a preliminary examination or hearing in a criminal prosecution. The procedure is left to the states. In Michigan, the right is statutory. People v Johnson, 427 Mich 98; 398 NW2d 219 (1986).