People v. Daniels

Defendant was convicted by a jury of breaking and entering a business establishment with intent to commit larceny. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28.305). He was sentenced to a term of five to ten years. He appeals following the grant of an application for delayed appeal.

The defendant and two other men were observed by an eyewitness carrying packages and boxes from a party store adjacent to the eyewitness’s apartment. The lighting was sufficient for the witness to observe that the men were not the owners of the store and therefore the witness called the police. When the police…