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PEOPLE v. HENRY

Docket No. 11101.

44 Mich. App. 290 (1973)

205 N.W.2d 498

PEOPLE v. HENRY.

Michigan Court of Appeals.

Decided January 16, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Ronald J. Taylor, Prosecuting Attorney, and John A. Smietanka, Assistant Prosecuting Attorney, for the people.

Thomas R. Fette, for defendant on appeal.

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

Leave to appeal granted, 389 Mich. 797.

TARGONSKI, J.

The defendant was convicted by a jury of breaking and entering with intent to commit larceny in violation of MCLA 750.110; MSA 28.305. He was sentenced to serve from seven to ten years for the offense.

The defendant's conviction arose out of the breaking and entering of Lenny's Tavern on the morning of July 17, 1970. The arresting officer testified that at approximately 5:20 a.m., while on patrol...

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