People v. McGregor

Defendants were tried without jury, found guilty of breaking and entering with intent to commit larceny, 1 sentenced to terms of imprisonment, and appeal. The people’s case was based entirely on circumstantial evidence. Defendants contend that the trial court erred in weighing such evidence by drawing an inference of ultimate fact from another inference.

A wakeful wife roused her husband to observe suspicious activity near a neighboring factory, the husband summoned police, and the 4 a.m. arrival of the police apparently aborted an in-process burglary. No intruders were found on the premises,…