Sec. 42.
(1) An information shall not be filed against any person for a felony until such person has had a preliminary examination therefor, as provided by law, before an examining magistrate, unless that person waives his statutory right to an examination. If any person waives his statutory right to a preliminary examination without having had the benefit of counsel at the time and place of the waiver, upon proper and timely application by the person or his counsel, before trial or plea of guilty, the court having jurisdiction of the cause, in its discretion, may remand the case to a magistrate for a preliminary examination.
(2) An information may be filed without a preliminary examination against a fugitive from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner and the same proceedings may be had thereon as provided by law in like cases of demand upon indictment filed.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17256 ;-- CL 1948, 767.42 ;-- Am. 1957, Act 38, Eff. Sept. 27, 1957 ;-- Am. 1974, Act 63, Eff. May 1, 1974
Last modified: October 10, 2016