People v. Barron

The precise question presented by this appeal cannot arise again absent legislative action. CL 1948, § 750.110 (Stat Ann 1962 Bev § 28.305), prior to amendment, imposed different penalties for breaking and entering with intent to commit any felony dependent upon whether such breaking and entering was committed in the daytime or nighttime. By PA 1964, No 133, effective August 28 of that year, the distinction was eliminated.

The issue before us is the quantum of proof necessary to the establishment of the corpus delicti of the crime of breaking and entering with felonious intent in the…