People v. Matuja

Defendant was convicted by a jury of breaking and entering an occupied dwelling with intent to commit larceny, contrary to MCLA 750.110; MSA 28.305. He was sentenced to a term of 5 to 15 years in prison and now appeals by right.

Ross Matuja, defendant’s brother, testified for the defense that he purchased two of the rifles stolen in the breaking and entering with which defendant was charged from Donald McComb, and that McComb kept a third rifle for himself. Trooper Maskey testified, however, that Ross Matuja had stated to him during an interview that he paid defendant for the two guns and that…