People v. Terry Moore

In this matter, the defendants were tried jointly and convicted of breaking and entering an occupied dwelling with intent to commit larceny. MCLA 750.110; MSA 28.305.

My colleagues have reversed this conviction by opinion.

I must respectfully dissent from my fellow judges in this case. My review of the record presents a different picture to me than that reached by my colleagues. Consequently a different application of the cited authority is, in my opinion, required.

My colleagues quote the prosecutor’s cross-examination of defendant McFarland and use it as the main reason for the reversal,…