People v. Wies

Michigan Court of Appeals

People v. Wies

180 N.W.2d 123, 24 Mich. App. 294, 1970 Mich. App. LEXIS 1700

CourtMichigan Court of Appeals

DecidedJune 1, 1970

DocketDocket 7,493

StatusPublished

Cited by1 cases

This text of 180 N.W.2d 123 (People v. Wies) 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. Wies, 180 N.W.2d 123, 24 Mich. App. 294, 1970 Mich. App. LEXIS 1700 (Mich. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

Defendant was convicted in a non-jury trial of breaking and entering a factory with intent to commit larceny therein. MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). On appeal, defendant contends that the trial court erred in allowing an unindorsed res gestae witness to testify at trial over defense counsel’s objection. The witness was indorsed during trial upon motion of the prosecutor. The trial judge permitted the indorsement; he was satisfied that the prosecutor had sufficiently explained failure to indorse sooner. By statute, MCLA § 767.40 (Stat Ann 1970 Cum Supp § 28.980), additional witnesses may be indorsed during trial by leave of the court. A review of the record fails to establish that the trial court abused its statutory discretion in allowing the witness to testify. People v. McCrea (1942), 303 Mich 213.

Defendant also contends that the evidence was insufficient to establish a prima facie breaking and entering. There was testimony that the factory was locked on the evening of the alleged offense; that plywood covering broken windows at the rear of the building had been removed, and that defendant was found hiding in the factory by police officers. Defendant’s contention that the people’s evidence did not establish breaking and entering is without merit. People v. Lambo (1967), 8 Mich App 320.

Affirmed.

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Per Curiam.

Defendant was convicted in a non-jury trial of breaking and entering a factory with intent to commit larceny therein. MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). On appeal, defendant contends that the trial court erred in allowing an unindorsed res gestae witness to testify at trial over defense counsel’s objection. The witness was indorsed during trial upon motion of the prosecutor. The trial judge permitted the indorsement; he was satisfied that the prosecutor had sufficiently explained failure to indorse sooner. By statute, MCLA § 767.40 (Stat Ann 1970 Cum Supp § 28.980), additional witnesses may be indorsed during trial by leave of the court. A review of the record fails to establish that the trial court abused its statutory discretion in allowing the witness to testify. People v. McCrea (1942), 303 Mich 213.

Defendant also contends that the evidence was insufficient to establish a prima facie breaking and entering. There was testimony that the factory was locked on the evening of the alleged offense; that plywood covering broken windows at the rear of the building had been removed, and that defendant was found hiding in the factory by police officers. Defendant’s contention that the people’s evidence did not establish breaking and entering is without merit. People v. Lambo (1967), 8 Mich App 320.

Affirmed.

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Bluebook (online)

180 N.W.2d 123, 24 Mich. App. 294, 1970 Mich. App. LEXIS 1700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wies-michctapp-1970.

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