People v. Van Dam

The information contains two counts, — one for breaking and entering the store of Hiram G. Luce in the night-time, with intent to commit the crime of larceny, said store not adjoining to or occupied with a dwelling house; and the other for the larceny of goods of more than |25 in value. Respondent was convicted under the first count, and the case comes to this court on exceptions before sentence.

The store burglarized is situated on the corner of East street and Fifth avenue, in the city of Grand Rapids,, and is a two-story structure, consisting of two stores. A flight of stairs leads up from…