People v. Tunnacliff

I

O’Hara, J.

(1, affirmed; 2, remanded). Clifford Tunnacliff was convicted of breaking and entering in the nighttime in that he “procured, counseled, aided and abetted in the commission of the crime of breaking and entering in the nighttime with intent to commit a felony by giving information to Mr. William Mahar on how to enter into the building known as the Eagles Club * * * in the city of Owosso.” *

He is aggrieved by the conviction and has appealed it. He contends that he was convicted upon testimony that was inadmissible. The testimony was by one Roy Smith who said out of the presence of…