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PEOPLE v. HUTTON

Docket No. 5,253.

21 Mich. App. 312 (1970)

175 N.W.2d 860

PEOPLE v. HUTTON

Michigan Court of Appeals.

Rehearing denied March 17, 1970.

Leave to appeal denied June 23, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Steven F. Osinski, Assistant Prosecuting Attorney, for the people.

Nicoletti & McCullough, for defendant on appeal.

Before: J.H. GILLIS, P.J., and McGREGOR and V.J. BRENNAN, JJ.

Leave to appeal denied June 23, 1970. 383 Mich. 796.

J.H. GILLIS, P.J.

Defendant was convicted by a jury of breaking and entering in violation of MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305). His motion for new trial was denied and he appeals. The principal question presented concerns application of the principles enunciated in the identification trilogy, United States v. Wade (1967), 388 U.S. 218

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