People v. Logue

The defendant was convicted by a jury of breaking and entering a building with intent to commit a larceny therein. MCLA § 750.110 (Stat Ann 1970 Cum Supp §28.305). Trial took place on November 20 and 21, 1968.

The defendant had timely asserted the defense of alibi. At the commencement of the trial the defense moved for a continuance due to the fact that three of the defendant’s alibi witnesses were not available. The reason presented for the unavailability was that they were deer hunting. Defense counsel admitted these witnesses had not been subpoenaed. The trial judge denied the motion,…