People v. Birts

Defendant, Roger Birts, Jr., and another were convicted in a nonjury trial of breaking and entering an occupied dwelling house with intent to commit larceny, contrary to MCLA § 750-.110 (Stat Ann 1968 Cum Supp § 28.305). The witnesses against the co-defendants were 8 police officers of the city of Highland Park, the complainant, Joseph J. Gabriek, and Gabrick’s neighbor, Helen Lazar.

Gabriek testified that he and his wife left their home about 5 p.m. on Friday, August 5, 1966, and did not return until Sunday, August 7, in the afternoon. When he returned he found that the door from the garage…