Docket No. 9768.

28 Mich. App. 662 (1970)

184 N.W.2d 742


Michigan Court of Appeals.

Leave to appeal denied March 15, 1971.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Robert A. Reuther, Assistant Prosecuting Attorney, for the people.

Charles T. Burke, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and J.H. GILLIS and O'HARA, JJ.

Leave to appeal denied March 15, 1971. 384 Mich. 816.


The people move to affirm (GCR 1963, 817.5[3]) defendant's conviction of violating MCLA § 750.531 (Stat Ann 1954 Rev § 28.799) and the 8- to 25-year prison sentence imposed thereon.

In stating his findings, the trial court stated that defendant did in fact injure a safe. However, in stating the verdict, the court said that defendant did attempt to injure a safe. On appeal,...

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