People v. Gardner

The defendant was convicted by a jury of the offense of attempted breaking and entering a business place with intent to commit larceny, contrary to CL 1948, § 750.110 as amended by PA 1964, No 133 (Stat Ann 1968 Cum Supp § 28.305) and CL 1948, § 750.92 (Stat Ann 1962 Rev § 28.287). He did not take the stand in his own behalf and did not offer any evidence in his own defense. Two police officers (one the driver of a scout car) testified to the effect that about 4:25 a.m. they were patrolling the area in question, saw a man (later identified as this defendant) standing on a box, attempting to…