Opinion
Docket No. 4,165.
Decided October 27, 1969. Application for leave to appeal filed April 27, 1970.
Appeal from Muskegon, Henry L. Beers, J. Submitted Division 3 October 8, 1969, at Grand Rapids. (Docket No. 4,165.) Decided October 27, 1969. Application for leave to appeal filed April 27, 1970.
Charles Underwood was convicted by a jury of breaking and entering with the intent to commit larceny. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Paul M. Ladas, Prosecuting Attorney, and Fredric A. Grimm, Jr., Assistant Prosecuting Attorney, for the people.
Carl S. Krueger, for defendant.
Before: R.B. BURNS, P.J., and HOLBROOK and LEVIN, JJ.
Defendant, Charles Underwood, was convicted by a jury of breaking and entering with intent to commit larceny. MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305).
On appeal he contends there were irregularities in proceedings; that he was not represented by counsel at arraignment, the complaint was illegally sworn out, the prosecutor and a police officer resorted to trickery to obtain a conviction, and paint samples taken from defendant's clothing were erroneously and prejudicially introduced into evidence.
Although defendant alleges and argues four issues on appeal, only one is properly before this Court. The issues concerning the warrant, counsel, and trickery were not raised for consideration of the trial court, and in view of the record they will not be considered. People v. Matteson (1937), 280 Mich. 218; People v. Huey (1956), 345 Mich. 120; People v. Elliot (1948), 322 Mich. 313; People v. Willis (1965), 1 Mich. App. 428; People v. Dodson (1967), 9 Mich. App. 123, 127.
Regarding the introduction of the paint samples from defendant's clothing, the police officer stated the facts upon which his opinion was founded, and described and explained the reasons or grounds for his opinion. (See 4 Callaghan's Michigan Pleading Practice, § 36.436.)
The testimony elicited from the officer at the trial clearly demonstrated that a proper foundation was laid for the reception of the paint samples into evidence and of the police officer's opinion.
Affirmed.