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PEOPLE v. MATUJA

Docket No. 28822.

77 Mich. App. 291 (1977)

258 N.W.2d 79

PEOPLE v. MATUJA

Michigan Court of Appeals.

Decided August 9, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter E. Deegan, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people.

Austin A. Howard, for defendant.

Before: DANHOF, C.J., and T.M. BURNS and A.E. KEYES, JJ.

DANHOF, C.J.

Defendant was convicted by a jury of breaking and entering an occupied dwelling with intent to commit larceny, contrary to MCLA 750.110; MSA 28.305. He was sentenced to a term of 5 to 15 years in prison and now appeals by right.

Ross Matuja, defendant's brother, testified for the defense that he purchased two of the rifles stolen in the breaking and entering with which defendant was charged from Donald McComb, and that McComb kept a third rifle...

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