PEOPLE v. ABERNATHY

Docket No. 8231.

29 Mich. App. 558 (1971)

185 N.W.2d 634

PEOPLE v. ABERNATHY PEOPLE v. STIGGER

Michigan Court of Appeals.

Decided January 20, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.

Nelson & Leiter, for defendants on appeal.

Before: McGREGOR, P.J., and T.M. BURNS and ANDREWS, JJ.


T.M. BURNS, J.

Defendants appeal their conviction by a jury of breaking and entering with intent to commit a larceny, MCLA § 750.110 (Stat Ann 1962 Rev § 28.305).

At the trial defendants did not testify in their own behalf. Accordingly, the trial court, after a discussion in chambers with defendants' trial counsel, instructed the jury in the following manner:

"I charge you that the defendants had a right to go upon the witness stand and testify...

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