People v. Wycoff
Michigan Supreme Court
Error to Calhoun; North, J. Burton Wycoff was convicted of burglary and sentenced to imprisonment for not less than 7$ nor more than 15 years in the State prison at Jackson. Defendant was convicted of the crime of burglary from the shop of the Lambert Food & Machine Company, a corporation, in the city of Marshall.
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Error to Calhoun; North, J. Burton Wycoff was convicted of burglary and sentenced to imprisonment for not less than 7$ nor more than 15 years in the State prison at Jackson. Defendant was convicted of the crime of burglary from the shop of the Lambert Food & Machine Company, a corporation, in the city of Marshall. The evidence on the part of the people was that one Quinn, a machinist in the employ of that company, and defendant, met at the time fixed in the information in a saloon in the night-time and agreed to go to the shop of the company, break into it, and get some tools; that they both…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. The court instructed the jury that the building where the burglary was committed was a shop, within the meaning of the statute, which reads :
“Every person who shall break and enter, in the nighttime, any office, shop, * * * or factory, * * * with intent to commit * * * larceny, shall be punished,” etc. 3 Comp. Laws, § llSf?.
The instruction was clearly correct. The witnesses spoke of it as “the shop.” It was a shop within “the common and approved usage of the language” (1 Comp. Laws, § 50), and the court very properly told the jury that whether it was technically…
2Cited by9 opinions
- People v. KnollMichigan Supreme Court · 1932
- People v. McKeighanMichigan Supreme Court · 1919
- People v. SmithMichigan Supreme Court · 1935
- People v. GoreeMichigan Court of Appeals · 1971
- People v. RehkopfMichigan Supreme Court · 1985
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