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PEOPLE v. BARRON

Calendar No. 14, Docket No. 51,296.

381 Mich. 421 (1968)

163 N.W.2d 219

PEOPLE v. BARRON.

Supreme Court of Michigan.

Decided December 27, 1968.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Edward F. Bell and Richard J. Coon, for defendant.

O'HARA, J.

The precise question presented by this appeal cannot arise again absent legislative action.1 CL 1948, § 750.110 (Stat Ann 1962 Rev § 28.305), prior to amendment, imposed different penalties for breaking and entering with intent to commit any felony dependent upon whether such breaking and entering was committed in the daytime or nighttime. By PA 1964, No 133, effective August...

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