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PEOPLE v. ALLEN

Docket No. 42, Calendar No. 46,334.

351 Mich. 535 (1958)

88 N.W.2d 433

PEOPLE v. ALLEN.

Supreme Court of Michigan.

Decided March 6, 1958.

Attorney(s) appearing for the Case

Thomas M. Kavanagh, Attorney General, Edmund E. Shepherd, Solicitor General, and Jack W. Warren, Prosecuting Attorney, for the people.

Stuart J. Dunnings, Jr., for defendants.

VOELKER, J.

The defendants were charged jointly with attempted breaking and entering in the nighttime* and they appeal from their conviction below, alleging numerous errors during their trial. The background of this case is as follows:

Defendants Allen and Smith were observed by a Lansing policeman, Holmes, walking south on a street in Lansing around 1:30 a.m., on January 2, 1954. The officer observed them stop in front of Nasiff...

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