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PEOPLE v. MILLER

Docket Nos. 8705, 8772.

35 Mich. App. 627 (1971)

192 N.W.2d 517

PEOPLE v. MILLER PEOPLE v. STURGEON

Michigan Court of Appeals.

Decided August 30, 1971.

Attorney(s) appearing for the Case

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

Carl H. Leiter, for defendant Miller on appeal.

William O. Kelley, Jr., for defendant Sturgeon on appeal.

Before: DANHOF, P.J., and BRONSON and O'HARA, JJ.

Leave to appeal denied, 386 Mich. 764.

DANHOF, P.J.

After a jury trial the defendants were convicted of breaking and entering an occupied dwelling house with intent to commit larceny. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28.305). They now appeal.

The defendants have directed our attention to the trial court's instructions on the elements of the offense. The issue as framed by the defendants is lacking in merit. However, our examination...

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