People v. Clark

Defendants appeal from a jury conviction of breaking and entering a building with the intent to commit larceny contrary to MCL 750.110; MSA 28.305, and possession of burglary tools in violation of MCL 750.116; MSA 28.311.

The facts in this case indicate that at approximately 12:20 a.m., a silent alarm at Uncle John’s Pancake House was triggered. A patrol car dispatched to the scene stopped the defendants’ car exiting the restaurant’s parking lot. An inspection of the building revealed that a large hole had been broken through the wall from the boiler room into the restaurant kitchen.

The boiler…