People v. Gregory
| Decision Date | 19 May 1902 |
| Citation | 130 Mich. 522,90 N.W. 414 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. GREGORY. |
Error to circuit court, Calhoun county; Clement Smith, Judge.
Joseph Gregory was convicted of burglary, and he brings error. Affirmed.
Respondent was convicted of the burglary of the store of one Randall located at Tekonsha, on the night of November 29, 1897. The information charges him with breaking and entering with intent to steal the goods and chattels therein, and also with the stealing, taking, and carrying away from the store goods to the amount of $1,000, consisting of silks, satins, etc. The evidence showed that certain silk goods taken from Mr Randall's store were found August 13, 1898, in a room at 904 East Main street, Jackson, this state, sewed up in a mattress, and spread out over a feather bed. At the time the search was made and the goods found, Mrs. Gregory, the wife of respondent, was in the bed; and in that room were her clothing, writing desk, money, etc. During the years 1897 and 1898, and up to the time of his arrest, respondent and his wife lived together at that house, which was the home of Mrs Snover, respondent's mother-in-law. At odd times he worked a little farm south of Jackson, also owned by Mrs Snover, and spent some of his time there, and some of his time at the boarding house. Mrs. Gregory helped her mother about the house and did the chamber work at 904 East Main street, and was there all the time, except on some occasions when she was at the farm while her husband was there. No explanation was given by Mrs. Snover, Mrs. Gregory, or the respondent, or any one else, as to how the silk goods identified as the goods taken at the time of the burglary, came to be sewed up in the mattress found on the bed where Mrs. Gregory was sleeping. In the same room were also found many letters addressed to the respondent. The next day after the finding of the goods, search was made at the little farm worked by respondent, and certain burglarious tools were there found,--some in the house, some in the woodshed, and some in a manure pile near the barn. The respondent was arrested at the fair grounds in the city of Jackson some time in the forenoon, and was in the charge of an officer at the time the goods were found in the bed occupied by his wife. The theory of the prosecution, on which it was sought to convict the respondent, was that the burglary in question was committed by one Ryan and the respondent. The evidence showed that there had been a slight snow just prior to the burglary, and the tracks of two men were plainly see in the snow; also the track of a vehicle going from the burglarized store, in an easterly direction, toward Jackson. Ryan had been convicted of this burglary prior to the trial of the present case. The evidence also showed that Ryan was also stopping with the respondent at the time of the commission of the crime, as he had...
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