People v. Otler

Defendant was convicted of attempted breaking and entering with intent to commit larceny, contrary to MCLA 750.92; MSA 28.287 and MCLA 750.110; MSA 28.305, and sentenced to serve a term of three to five years.

On appeal, defendant contends that the trial court committed reversible error by admitting testimony, over defense counsel’s objection, concerning defendant’s disposal of a gun from a car just prior to his apprehension. It is argued that said testimony was irrelevant and highly prejudicial.

At trial, a city policeman testified:

“Q. What, if anything, unusual happened then?

“A. Well, as it —…