People v. Les

The precise question presented by this appeal is one of first impression in this State.

The defendant, after examination in the recorder’s court of the city of Detroit, was arraigned on an information charging him with breaking and entering a dwelling house in the nighttime, with intent to commit a larceny therein. The information is laid under the Michigan penal code (Act No. 328, Pub. Acts 1931, §§ 110, 360), and contains a larceny count. Subsequently, a motion to quash the information was heard. Counsel for the State admitted that, to establish probable cause, they relied solely upon (1)…