People v. Howard

On July 16, 1976, defendant was convicted by a jury of breaking and entering an occupied dwelling with intent to commit a larceny *595therein, in violation of MCLA 750.110; MSA 28.305. Defendant was tried jointly with one co-defendant who was also convicted. Defendant was sentenced to a term of 4 to 15 years in prison on August 30, 1976. Subsequently defendant moved for a new trial based on newly discovered evidence. This motion was heard on November 1, 1976, and denied in an order dated November 22, 1976. Defendant appeals as of right.

At trial the main prosecution witness was a third…