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PEOPLE v. BUTLER

Docket No. 9,212.

27 Mich. App. 404 (1970)

183 N.W.2d 595

PEOPLE v. BUTLER

Michigan Court of Appeals.

Decided October 27, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Walter M. Marks, Prosecuting Attorney, for the people.

John L. McNamara, for defendant on appeal.

Before: FITZGERALD, P.J., and HOLBROOK and T.M. BURNS, JJ.

PER CURIAM.

Defendant Allen E. Butler was tried by a jury and convicted of breaking and entering in violation of MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). The evidence presented at trial indicated that defendant and his brother broke the front window of Fred's Super Market in Ionia and removed 16 to 20 cartons of cigarettes. Defendant claimed that he broke the window by accident, that he removed no cigarettes and that he was intoxicated. He now appeals...

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