People v. Bottany

Defendant, Arthur Lee Bottany, was convicted by a jury of breaking and entering with intent to commit larceny, 1 and larceny in a building. 2 We reverse, holding that errors of his counsel deprived him of a fair trial.

At approximately 2:20 a.m., December 25, 1970, two Detroit police officers noticed a man standing by a window outside of Pete’s Tavern. As they approached, he fled and eluded them. A second man, however, was apprehended as he emerged through the window. That man was intoxicated and was carrying several bottles of liquor. He proved to be John Bottany, the defendant’s brother.

The…