People v. Johnson

This defendant and another were charged in the information with feloniously, wilfully and unlawfully breaking and entering the store of one Solomon Shapiro, in the city of Detroit, not adjoining to or occupied by a dwelling house, on the 4th day of August, 1920. On the trial of the case in the recorder’s court for the city of Detroit, on the 7th day of September, 1920, it early developed that the store did not come within the statutory definition, in that it appeared that it was adjoining to a dwelling house. Whereupon the court withdrew from the consideration of the jury the breaking and…