PEOPLE v. SMITH

Docket No. 11456.

36 Mich. App. 180 (1971)

193 N.W.2d 397

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided September 29, 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 Leonard Meyers, Assistant Prosecuting Attorney, for the people.

Burton L. Borden, for defendant on appeal.

Before: R.B. BURNS, P.J., and J.H. GILLIS and DANHOF, JJ.


PER CURIAM.

The defendant was convicted, after a non-jury trial, of possession of a burglar tool (ground and filed channel lock pliers), MCLA § 750.116 (Stat Ann 1962 Rev § 28.311) and attempted breaking and entering of a motor vehicle for the purpose of stealing, MCLA § 750.356a (Stat Ann 1954 Rev § 28.588[1]) and MCLA § 750.92 (Stat Ann 1962 Rev § 28.287).

On appeal the defendant has raised two issues. First, he argues that...

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