People v. Smith

After a nonjury trial, the trial court found defendant guilty of breaking and entering with intent to commit rape (MCLA § 750.110 [Stat Ann 1970 Cum Supp § 28.305]) and gross indecency (MCLA § 750.338b [Stat Ann 1954Rev § 28.570(2)]).

The defendant contends that it was error to deny his motion to quash the information on the ground that the prosecution failed to prove venue in Wayne County at the preliminary examination.

At the preliminary examination the evidence indicated that the offense took plaee in Taylor. No testimony was offered to show that Taylor is in Wayne County. However, the trial…