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PEOPLE v. WILSON

Docket No. 12899.

44 Mich. App. 137 (1972)

205 N.W.2d 75

PEOPLE v. WILSON.

Michigan Court of Appeals.

Decided December 6, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William C. Buhl, Prosecuting Attorney, for the people.

State Appellate Defender, by Stuart M. Israel, Assistant Defender, for defendant.

Before: HOLBROOK, P.J., and R.B. BURNS and TARGONSKI, JJ.

Leave to appeal granted, 389 Mich. 786.

R.B. BURNS, J.

Defendant was convicted by a jury of attempted breaking and entering. MCLA 750.92; MSA 28.287 and MCLA 750.110; MSA 28.305. Defendant appeals his conviction. We reverse.

After approximately 90 minutes of deliberation the jury returned to the courtroom. The foreman advised the court that the jury was unable to agree upon a verdict, and the following colloquy occurred:

"The Court:...

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