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PEOPLE v. SHEPPARD

Docket No. 11081.

33 Mich. App. 363 (1971)

189 N.W.2d 794

PEOPLE v. SHEPPARD

Michigan Court of Appeals.

Decided April 30, 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 L. O'Hara, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant on appeal.

Before: T.M. BURNS, P.J., and FITZGERALD and R.B. BURNS, JJ.

PER CURIAM.

The defendant was charged with attempted larceny in a building. MCLA § 750.360 (Stat Ann 1954 Rev § 28.592) and MCLA § 750.92 (Stat Ann 1962 Rev § 28.287). After a nonjury trial he was found guilty and sentenced to a term of 1-1/2 to 2 years in prison.

The appeal questions the trial court's denial of the defendant's motion for a directed verdict in which he alleged that the

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