Opinion
Docket No. 5,844.
Decided February 28, 1969. Leave to appeal denied October 15, 1969. See 382 Mich. 787
Appeal from Genesee, Stewart A. Newblatt, J. Submitted Division 2 February 6, 1969, at Lansing. (Docket No. 5,844.) Decided February 28, 1969. Leave to appeal denied October 15, 1969. See 382 Mich. 787.
George F. Bradshaw was convicted of breaking and entering. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Dennis C. Karas, Assistant Prosecuting Attorney, for the people.
Andrew J. Transue, for defendant.
BEFORE: QUINN, P.J., and McGREGOR and V.J. BRENNAN, JJ.
Defendant, convicted by a jury of breaking and entering, MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305), contends that the trial judge committed reversible errors, both in the instructions on reasonable doubt and by denying defendant's motion for a new trial, grounded on his contention that the evidence did not warrant a finding of guilt beyond a reasonable doubt.
Defendant did not object to the instructions, which fairly represented the issues and did not prejudice defendant. Therefore, the instructions are unassailable. People v. Petrosky (1938), 286 Mich. 397; People v. Storrick (1924), 228 Mich. 642; 2 Gillespie, Michigan Criminal Law Procedure (2d ed), § 662.
Testimony included an identification of defendant at the crime scene. Thus the evidence, if believed, was sufficient for the jury to find defendant's guilt beyond a reasonable doubt. People v. Washington (1966), 4 Mich. App. 453.
Affirmed.