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PEOPLE v. PALMER

Docket No. 12350.

42 Mich. App. 549 (1972)

202 N.W.2d 536

PEOPLE v. PALMER.

Michigan Court of Appeals.

Decided August 29, 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 Leonard Meyers, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow, State Appellate Defender, and David A. Goldstein, Assistant Defender, for defendant.

Before: LEVIN, P.J., and BRONSON and VAN VALKENBURG, JJ.

LEVIN, P.J.

The defendant, Jerome Palmer, was convicted by the trial judge, sitting without a jury, of aiding and abetting the attempted breaking and entering of an occupied dwelling house with intent to commit larceny.1 We reverse and remand for resentencing on the lesser included offense of attempted breaking and entering2 because the people failed to establish Palmer's intent to commit larceny.

Palmer...

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