People v. McDonald

The defendant was convicted of breaking and entering in the nighttime. After commission of the offense for which defendant was convicted, the legislature eliminated the statutory distinction between nighttime and daytime breaking and entering, thereupon repealing the statutory provision making nighttime breaking and entering a crime. Defendant claims that prosecutions for offenses committed under the nighttime provision before such “repeal” were barred by the legislative action. He also asserts the trial judge erred in denying his motion to suppress evidence .obtained by an allegedly…