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PEOPLE v. ROHN

Docket No. 11005.

37 Mich. App. 726 (1972)

195 N.W.2d 307

PEOPLE v. ROHN

Michigan Court of Appeals.

Decided January 20, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, C. Homer Miel, Prosecuting Attorney, and Charles H. Miel, Assistant Prosecuting Attorney, for the people.

G.R. Pete Frye, for defendant on appeal.

Before: R.B. BURNS, P.J., and FITZGERALD and V.J. BRENNAN, JJ.

R.B. BURNS, P.J.

Defendant was convicted of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305.

Defendant requested the trial court to instruct the jury on the lesser included offense of entering without permission. MCLA 750.115; MSA 28.310. The trial court denied the request and the defendant appeals. However, the trial court gave instructions on the following included offenses: entering without breaking — MCLA 750.111; MSA...

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