People v. Rankin

Defendant was charged with breaking and entering an occupied dwelling with intent to commit larceny. MCLA 750.110; MSA 28.305. After a trial by jury, the defendant was found guilty of the crime charged and was subsequently sentenced to a term of from 5 to 15 years imprisonment.

Of the numerous allegations of error raised by the defendant, we find one to be decisional, namely, whether the trial court erred by denying a defense motion for a directed verdict of acquittal.

At trial the evidence presented revealed that between the hours of 8:15 a.m. and 3:30 p.m. on November 15, 1971, a certain…