People v. Harrington
People v. Harrington
Opinion of the Court
The basic question before this Court in this matter is whether fungible goods must be specifically identified, or whether circumstantial evidence is a sufficient foundation for admission into evidence of such goods. Defendants Harrington and Laingren, two of four defendants, were convicted by a circuit court jury of the crime of breaking and entering on June 30, 1967. MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305).
On the night in question, a breaking and entering involving the taking of several packages of cigarettes was reported at a party store adjacent to a motel, in which the four defendants had occupied a room. While investigating the breaking and entering, the police officer learned about the disappearance of
Defendants Harrington and Laingren appeal, raising as issues the propriety of the court’s admission into evidence of the cigarettes found in the trunk. Specifically, the defendants contend the evidence was not competent since there was no testimony indicating the seized cigarettes were the same as those cigarettes alleged to have been stolen; and secondly, they contend the cigarettes were the fruits of an unlawful search and seizure, arising out of an illegal arrest, and therefore, the introduction of the fruits of such illegal search constituted reversible error.
An examination of the transcript establishes that the prosecuting attorney did lay a sufficient foundation prior to the introduction of the cigarettes seized in the search. The record shows that the testimony before the fungible goods (packs of cigarettes) were admitted into evidence established an adequate foundation for their admission, vis.: (1)
Having introduced testimony indicating a breaking and entering had occurred, involving the taking of several packages of cigarettes, coupled with additional testimony indicating defendants had been involved in a breaking and entering, it was competent to introduce the several packages of cigarettes found in the trunk of the car. Whether defendants did commit the breaking and entering was a question to be decided by the jury, after the introduction of the testimony, and it was for the jury to weigh the
The standards establishing a lawful search and seizure are set forth in People v. Wolfe (1967), 5 Mich App 543. There was no motion prior to the trial to suppress the evidence. The record indicates the police officer in this case, as in Wolfe, supra, had reasonable cause to believe the occupants of the automobile had been involved in a felony and the search was therefore legal. There was no abuse of discretion in the admission of the evidence.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.