Legal Opinion

People v. Terry Moore

Michigan Court of Appeals

Decided October 7, 1974No. Docket 16298, 16945PublishedCited by 5 opinions

1Opinion of the CourtR. B. Burns, J.

Defendants were tried and convicted,, jointly, of breaking and entering an occupied dwelling with intent to commit larceny. MCLA 750.110; MSA 28.305.

They appeal and we reverse.

The prosecutor, while cross-examining defendant McFarland, adduced the following testimony:

”Q. Were you arrested for breaking and entering?

"A. The sergeant said, 'these are the boys that did the breaking and entering and you’re under arrest’.
"Q. What did you say?
"A. Nothing.
"Q. Nothing?

*680”A. I was flabbergasted.

“Q. Did you ever tell the police about Earl?

'A. What do you mean, sir, about Earl?

”Q. Did you ever mention Earl…

2Cases cited1 opinion

  1. People v. BoboMichigan Supreme Court · 1973

3Cited by5 opinions

  1. John Allen Minor v. Harold E. Black, SuperintendentCourt of Appeals for the Sixth Circuit · 1975
  2. People v. HoyeMichigan Court of Appeals · 1977
  3. State v. WrightWest Virginia Supreme Court · 1978
  4. John Allen Minor v. Harold E. Black, SuperintendentCourt of Appeals for the Sixth Circuit · 1975
  5. People v. Terry MooreMichigan Court of Appeals · 1974

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