Docket No. 8,545.

28 Mich. App. 300 (1970)

184 N.W.2d 214


Michigan Court of Appeals.

Decided December 2, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K. Miller, Prosecuting Attorney, Donald A. Johnston III, Chief Appellate Attorney, for the people.

William J. Heyns, for defendant on appeal.

Before: FITZGERALD, P.J., and McGREGOR and O'HARA, JJ.


Defendant appeals his conviction by a jury of the offense of attempted larceny over $100. MCLA § 750.92 (Stat Ann 1962 Rev § 28.287).

The information against defendant originally charged him only with the offense of larceny over $100. MCLA § 750.356 (Stat Ann 1970 Cum Supp § 28.588). At trial, and after the testimony of the first prosecution witness, the prosecutor moved to amend the indictment to include an added count of attempted...

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