People v. Bean

Defendant was convicted after a bench trial of breaking and entering an occupied dwelling, contrary to MCL 750.110; MSA 28.305, and appeals as of right.

At trial, two eyewitnesses testified that the defendant pried open a screen window into the complainant’s apartment, removed a television, and carried it to his car. A third eyewitness, testifying for the defense, insisted that the individual who broke into the building was not the defendant. On direct examination, defendant admitted that he was present at the time the theft was alleged to have occurred, but asserted that he was helping a man…