PEOPLE v. VAN SMITH

No. 2 April Term 1972, Docket No. 53,284-1/2.

388 Mich. 457 (1972)

203 N.W.2d 94

PEOPLE v. HERBERT VAN SMITH, JR.

Supreme Court of Michigan.

Decided October 31, 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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Martin I. Reisig, Assistant Defender, for defendant on appeal.


T.G. KAVANAGH, J.

The defendant was convicted by a jury in Detroit's Recorder's Court of breaking and entering a business place with intent to commit larceny.1

His appeal to the Court of Appeals and to this Court raises the question of the propriety of the trial court's refusal to instruct the jury on the lesser included offenses of entering without breaking with intent to commit larceny2 and entering...

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