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

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.