People v. Morrow

Defendant was convicted in a non-jury trial of breaking and entering a building with intent to commit larceny therein. MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305). The only issue presented is whether the evidence was sufficient as a matter of law to support the trial court’s finding of larcenous intent beyond a reasonable doubt.

The building involved was a motel. Its desk clerk testified that, according to the motel’s register, on the evening of the alleged offense room 110 was unoccupied by guests. The testimony of a police officer, Joseph Hudy, however, placed defendant and six other…