PEOPLE v. BIRTS

Docket No. 4,522.

16 Mich. App. 237 (1969)

167 N.W.2d 829

PEOPLE v. BIRTS

Michigan Court of Appeals.

Decided February 27, 1969.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan; Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Joseph C. Murphy, Assistant Prosecuting Attorney, for the people.

Richard J. McClear, for defendant on appeal.

BEFORE: LEVIN, P.J., and HOLBROOK and ROOD, JJ.


PER CURIAM:

Defendant, Roger Birts, Jr., and another were convicted in a nonjury trial of breaking and entering an occupied dwelling house with intent to commit larceny, contrary to MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305). The witnesses against the co-defendants were 8 police officers of the city of Highland Park, the complainant, Joseph J. Gabrick, and Gabrick's neighbor, Helen Lazar.

Gabrick testified that he and his wife left their home...

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