Opinion
Docket No. 8446.
Decided December 7, 1970.
Appeal from Recorder's Court of Detroit, Henry Heading, J. Submitted Division 1 November 4, 1970, at Detroit. (Docket No. 8446.) Decided December 7, 1970.
Alonzo Francis Sanders was convicted of larceny in a building. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Gerard A. Poehl- man, Assistant Prosecuting Attorney, for the people.
Alan A. May, for defendant on appeal.
Defendant appeals his nonjury conviction of larceny in a building. MCLA § 750.360 (Stat Ann 1954 Rev § 28.592).
Defendant claims error in plaintiff's failure to indorse and produce an alleged res gestae witness, a co-defendant whose case was subsequently dismissed. The rule requiring the people to indorse on the information and call all res gestae witnesses does not apply to accomplices. People v. Virgil Brown (1969), 15 Mich. App. 600; People v. Chaney (1970), 21 Mich. App. 120; People v. Leroy Morgan (1970), 24 Mich. App. 660.
MCLA § 767.40 (Stat Ann 1970 Cum Supp § 28.980).
Defendant also alleges that the evidence was insufficient to support the verdict. An accused's guilt may be proved inferentially. People v. Moceri (1940), 294 Mich. 483. We are satisfied that the evidence taken as a whole, including reasonable inferences therefrom, supports the trial court's finding that the defendant was guilty beyond a reasonable doubt. People v. Helcher (1968), 14 Mich. App. 386.
Affirmed.