People v. Edgar

A jury found the defendant guilty as charged of larceny in a building. MCLA 750.360; MSA 28.592. The verdict was returned on March 10, 1976. The defendant was later sentenced to a prison term of 1-1/2 to 4 years. This is an appeal as of right.

Defendant argues that the trial judge erred by denying his motion for a directed verdict of acquittal following the close of the prosecution’s case. The motion was premised on the following rule.

"The established rule is that where the people’s case is based on circumstantial evidence the prosecution has the burden of proving 'that there is no innocent…