People v. Withrow

Defendant was convicted by a jury of breaking and entering a store building with intent to commit a larceny therein, contrary to MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28-.305). After denial of defendant’s motion for a new trial, he appealed to this Court raising the same issues as contained in the motion for new trial.

In the instant case, it was undisputed that the defendant committed the necessary “acts” to constitute breaking and entering. The question which the jury had to resolve was whether, at the time of the breaking and entering, he had the “specific intent” to commit a larceny…