People v. Hughes, Docket No. 8713
| Decision Date | 06 October 1970 |
| Docket Number | No. 3,Docket No. 8713,3 |
| Citation | 27 Mich.App. 221,183 N.W.2d 383 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ivory Lee HUGHES, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Thomas J. O'Toole, O'Toole & Johnson, Muskegon, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Paul M. Ladas, Pros. Atty., for plaintiff-appellee.
Before FITZGERALD, P.J., and HOLBROOK and T. M. BURNS, JJ.
Defendant Ivory Lee Hughes was convicted by the Muskegon County Circuit Court, sitting without a jury, of an attempt to break and enter an occupied dwelling house with intent to commit the crime of larceny therein. M.C.L.A. § 750.92 (Stat.Ann.1962 Rev. § 28.287); M.C.L.A. § 750.110 (Stat.Ann.1970 Cum.Supp. § 28.305). He appeals as of right, alleging (1) that it was not proven beyond a reasonable doubt that he committed an act sufficient in law to constitute a criminal attempt; and (2) that there was no evidence in the record from which the trial court could conclude beyond a reasonable doubt that he intended to commit the crime of larceny. Neither of these allegations has merit and we affirm.
Defendant, under the impression that no one was home, tried to open a side window to complainant's apartment shortly after midnight. The defendant was, however, mistaken; he was observed by the complainant. The trial judge correctly found that the defendant was guilty of a criminal attempt to break and enter under the facts and circumstances presented.
People v. Bowen (1968), 10 Mich.App. 1, 158 N.W.2d 794, and People v. Coleman (1957), 350 Mich. 268, 86 N.W.2d 281.
As to defendant's second allegation, the requisite intent to commit larceny may be reasonably inferred from the nature, time and place of his acts before and during the attempted breaking and entering. People v. Gollman (1966), 3 Mich.App. 463, 142 N.W.2d 903; People v. Griffin (1889), 77 Mich. 585, 43 N.W. 1061.
Therefore, after carefully reading the trial transcript, we find that the evidence was sufficient, if believed by the court, to find the defendant guilty beyond a reasonable doubt of attempt to break and enter with the intent to commit larceny. People v. Thomas (1967), 7 Mich.App. 519, 152 N.W.2d 166.
Affirmed.
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...acts before and during the breaking and entering. People v. Saunders, 25 Mich.App. 149, 181 N.W.2d 4 (1970). People v. Hughes, 27 Mich.App. 221, 183 N.W.2d 383 (1970). Here, the testimony reveals that a real estate office was broken into at approximately 5:00 a.m. on Sunday, July 25, 1976. ......
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