People v. Moore

The defendant, Willie James Moore, appeals his conviction of breaking and entering. MCLA 750.110; MSA 28.305.

Moore contends that the evidence did not establish that he broke and entered the building, and that the trial judge erred in refusing to instruct the jury that no inference should be drawn against Moore because of his failure to take the stand. We hold that there was sufficient evidence to support the jury’s verdict, that the judge did err in so refusing to charge, and remand for a new trial.

I

Moore and John Barnes were seated in an automobile in a parking lot near a building when a…