Docket No. 12443.

42 Mich. App. 174 (1972)

201 N.W.2d 351


Michigan Court of Appeals.

Decided July 26, 1972.

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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Leonard Townsend, for defendant on appeal.

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


A jury convicted defendant of breaking and entering with intent to commit larceny, MCLA 750.110; MSA 28.305. He was sentenced and he appeals on the basis of two alleged errors, both relating to instructions.

Defendant's first claim is that the trial court erred by failing to instruct on the included offense of entering without breaking with intent to commit larceny. No request for this instruction was made at trial and no error occurred, People...

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