People v. Massey

Defendant was convicted by a jury of breaking and entering a building with intent to commit larceny. MCLA 750.110; MSA 28.305. Defendant appeals and we affirm.

Defendant claims the trial court erred by permitting the prosecution to call an unindorsed res gestae witness in rebuttal to the defendant’s testimony.

One Eddie Moffet was manager of the Mink and Martini Lounge. When he arrived at the lounge, about 7 p.m., he saw a light on in the office and a cash box on the bar. He contacted Officer Leonard Todd who arrested the defendant in the lounge.

The prosecution failed to indorse Moffet on the…