People v. Guilinger

Defendant was convicted by a jury for the crime of breaking and entering with intent to commit larceny contrary to MCLA § 750.110 (Stat Ann 1970 Cum Supp §28.305).

At trial, the prosecutor was permitted to impeach a res gestae witness by reading portions of the witness’s prior testimony given at the defendant’s preliminary examination. On appeal, defendant contends that the trial court committed reversible error by failing to instruct the jury that the witness’s prior inconsistent statement could not be considered as substantive evidence. The defendant neither objected to the use of the prior…