36 N.W.2d 230 (Mich. 1949), 71, People v. Paugh

Docket Nº:71.
Citation:36 N.W.2d 230, 324 Mich. 108
Opinion Judge:NORTH, Justice.
Party Name:PEOPLE v. PAUGH.
Attorney:Stephen J. Roth, Atty. Gen., Edmund E. Shepherd, Sol. Gen., of Lansing, Daniel J. O'Hara, Asst.[324 Mich. 110] Atty. Gen., and Robert R. Waterson, Pros. Atty. for Cass County, of Dowagiac, for the People.
Judge Panel:Before the Entire Bench.
Case Date:February 28, 1949
Court:Supreme Court of Michigan
 
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36 N.W.2d 230 (Mich. 1949)

324 Mich. 108

PEOPLE

v.

PAUGH.

No. 71.

Supreme Court of Michigan

February 28, 1949

         [324 Mich. 109] Appeal from Circuit Court, Cass County; Glenn E. Warner, judge.

         Joseph Paugh was convicted of breaking and entering in the nighttime with intent to commit larceny, and he appeals.

         Affirmed.

         Before the Entire Bench.

         Joseph Paugh, in pro. per.

         Stephen J. Roth, Atty. Gen., Edmund E. Shepherd, Sol. Gen., of Lansing, Daniel J. O'Hara, Asst.[324 Mich. 110] Atty. Gen., and Robert R. Waterson, Pros. Atty. for Cass County, of Dowagiac, for the People.

         NORTH, Justice.

         The defendant, Joseph Paugh, a man with a criminal record, was arrested on a charge of breaking and entering in the nighttime with intent to commit larceny. The original complaint and warrant set the date of the offense as on or about January 20, 1947. However at the preliminary hearing testimony revealed the error in stating the date of the offense, which should have been fixed as June 1, 1947. Defendant was bound over to the circuit court. The information thereafter filed set the date of the offense as June 1, 1947. On being arraigned and in the presence of and on the advice of counsel, defendant waived the reading of the information and pleaded not guilty to the charge. The jury trial was held September 16 and 17, 1947.

         At the trial the State called as witnesses, Charles Basham and Paul Shidler, who were confined in an Indiana jail charged with burglary. The substance of their testimony was that they had been parties to the crime with which defendant was charged, that he had engineered it and that he had received his cut or share of the proceeds. They testified that they had met him three or four weeks prior to the day of the commission of the crime, that they saw him again on the evening of the burglary, and that he had told them where they could get the tires. They further testified that they, through Charles Basham, rented a truck from a U-Drive-it lot and drove in it to Cassopolis where shidler entered the building of the American Coach Company and handed tires out to Charles Basham, Red Paugh and John

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Petrosac; that they drove back to South Bend, dropped the defendant[324 Mich. 111] at Niles on the way back, then sold the tires and split the proceeds, Paugh getting his share later in the morning. All...

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