PEOPLE v. STEPHENS

Docket No. 66064.

133 Mich. App. 294 (1984)

349 N.W.2d 162

PEOPLE v. STEPHENS

Michigan Court of Appeals.

Decided February 10, 1984.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Gerald L. White, Prosecuting Attorney, for the people.

State Appellate Defender (by Karla Kendall), for defendant on appeal.

Before: HOOD, P.J., and R.B. BURNS and R.M. SHUSTER, JJ.


PER CURIAM.

Defendant was convicted by a jury of breaking and entering a building with intent to commit larceny, MCL 750.110; MSA 28.305. He appeals and we reverse.

The prosecution presented evidence at trial that a breaking and entering occurred at the Valley Produce Store at approximately 2:16 a.m. on the morning of December 23, 1981. Liquor, beer, food and cigarettes were discovered missing from the store.

Deputy Sheriff Michael Vasicek testified...

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