People v. Haynes

Michigan Court of Appeals

People v. Haynes

36 Mich. App. 705

CourtMichigan Court of Appeals

DecidedOctober 27, 1971

DocketDocket No. 11835

StatusPublished

Cited by1 cases

This text of 36 Mich. App. 705 (People v. Haynes) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Haynes, 36 Mich. App. 705 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

Defendant’s non-jury trial resulted in Ms conviction of entering or breaking and entering a motor vehicle for the purpose of stealing or unlawfully removing property of the value of not less than $5, MCLA § 750.356a (Stat Ann 1954 Rev § 28.588 [1]). He was sentenced and he appeals.

At the close of the people’s case, there was no proof of the value of the article defendant removed from the motor vehicle. He moved for a directed verdict of not guilty. The motion was denied, defendant rested and the judge found him guilty.

Defendant attacks his conviction on the ground that the people failed to prove all elements of the offense. The attack is valid and successful, People v. Hanenberg (1936), 274 Mich 698.

Reversed.

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Per Curiam.

Defendant’s non-jury trial resulted in Ms conviction of entering or breaking and entering a motor vehicle for the purpose of stealing or unlawfully removing property of the value of not less than $5, MCLA § 750.356a (Stat Ann 1954 Rev § 28.588 [1]). He was sentenced and he appeals.

At the close of the people’s case, there was no proof of the value of the article defendant removed from the motor vehicle. He moved for a directed verdict of not guilty. The motion was denied, defendant rested and the judge found him guilty.

Defendant attacks his conviction on the ground that the people failed to prove all elements of the offense. The attack is valid and successful, People v. Hanenberg (1936), 274 Mich 698.

Reversed.

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Bluebook (online)

36 Mich. App. 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-haynes-michctapp-1971.

Opinion

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