PEOPLE v. EMBRY

Docket No. 21027.

68 Mich. App. 667 (1976)

243 N.W.2d 711

PEOPLE v. EMBRY

Michigan Court of Appeals.

Decided May 17, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, John J. Rae, Prosecuting Attorney, and Conrad J. Sindt, Assistant Prosecuting Attorney, for the people.

Sharon M. Sloan, Assistant State Appellate Defender, for defendant.

Before: J.H. GILLIS, P.J., and N.J. KAUFMAN and E.A. QUINNELL, JJ.


N.J. KAUFMAN, J.

Defendant was convicted by a Calhoun County Circuit Court jury of breaking and entering with intent to commit larceny, MCLA 750.110; MSA 28.305. He was subsequently sentenced to a term of from 4 to 15 years in prison and now appeals as of right.

At trial, James Stone, the complainant, testified that, at about 2:30 or 3 a.m. on the morning of October 28, 1973, he was sleeping in the living room of his house and was awakened by noise from his...

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