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PEOPLE v. GOLDFARB

Docket No. 10168.

37 Mich. App. 57 (1971)

194 N.W.2d 535

PEOPLE v. GOLDFARB

Michigan Court of Appeals.

Decided November 22, 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 Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Thomas A. Maher, for defendant on appeal.

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

Leave to appeal denied, 386 Mich. 787.

O'HARA, J.

This is an appeal of right from a jury conviction of the offense of breaking and entering. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28. 305).

Objection is taken to the instruction that "there are only two verdicts you can return in this case. Either guilty as charged or not guilty".1 This is the familiar Lemmons2 argument.

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