People v. Van Brocklin

Defendant was convicted by jury of breaking and entering an occupied dwelling contrary to MCLA 750.110; MSA 28.305. Defense counsel also represented a prosecution witness for whom he had secured immunity. The issue on appeal is whether defendant was deprived of effective assistance of counsel through counsel’s failure to cross-examine the witness as to the immunity agreement. We hold that defendant was and reverse.

The evidence connecting defendant to the crime was largely circumstantial. Complainant’s home was broken into and his sporting goods stolen. Earlier that day neighbors had observed…