PEOPLE v. COLLINS

Docket No. 6,930.

20 Mich. App. 571 (1969)

174 N.W.2d 285

PEOPLE v. COLLINS

Michigan Court of Appeals.

Decided December 8, 1969.


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 Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Kenneth A. Webb, for defendant on appeal.

Before: R.B. BURNS, P.J., and HOLBROOK and V.J. BRENNAN, JJ.


PER CURIAM.

Defendant was convicted on August 28, 1968, by a jury in the recorder's court for the city of Detroit of the crime of breaking and entering an occupied dwelling with the intent to commit larceny therein. MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305).

Defendant asserts that the maximum term of his sentence should have been 10 instead of 15 years, because complainant's private apartment is not a dwelling house within the meaning of the...

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