PEOPLE v. ANDREWS # 1

Docket No. 16113.

52 Mich. App. 719 (1974)

218 N.W.2d 379

PEOPLE v. ANDREWS # 1

Michigan Court of Appeals.

Decided April 29, 1974.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, and James M. Justin, Assistant Prosecuting Attorney, for the people.

Roger L. Wotila, Assistant State Appellate Defender, for defendant.

Before: McGREGOR, P.J., and R.B. BURNS and R.L. SMITH, JJ.


McGREGOR, P.J.

Defendant was convicted of breaking and entering with intent to commit larceny, MCLA 750.110; MSA 28.305, was sentenced to 5-1/2 to 15 years in prison, and appeals as of right. The issues raised are procedural rather than substantive — at least, the defendant does not challenge the facts as insufficient to support his conviction.

Defendant contends that when a criminal defendant does not take the stand, it is reversible error for the...

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