PEOPLE v. CARDIGAN

Docket No. 11685.

41 Mich. App. 629 (1972)

200 N.W.2d 446

PEOPLE v. CARDIGAN.

Michigan Court of Appeals.

Decided June 28, 1972.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Stanley Everett, Prosecuting Attorney, and J. Thomas Schaeffer, Assistant Prosecuting Attorney, for the people.

Peter W. Hirsch, for defendant on appeal.

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


PER CURIAM.

The defendant, Howard Cardigan, appeals his conviction of breaking and entering an occupied dwelling. MCLA 750.110; MSA 28.305.

The trial judge did not err in refusing to charge on the lesser included offense of entering without permission. MCLA 750.115; MSA 28.310. A judge is not obliged to instruct on a lesser offense unless the jurors can reasonably infer from the evidence, or lack of evidence, that the greater offense was not committed and...

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