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PEOPLE v. NICHOLS

Docket No. 15344.

50 Mich. App. 440 (1973)

213 N.W.2d 558

PEOPLE v. NICHOLS

Michigan Court of Appeals.

Decided November 2, 1973.

Attorney(s) appearing for the Case

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

John B. Phelps, Assistant State Appellate Defender, for defendant.

Before: R.B. BURNS, P.J., and FITZGERALD and O'HARA, JJ.

Leave to appeal granted and reversed, 391 Mich ___.

R.B. BURNS, P.J.

Defendant was tried before a jury on a charge of attempted breaking and entering an occupied dwelling with intent to commit larceny therein. MCLA 750.110; MSA 28.305, and MCLA 750.92; MSA 28.287. At the conclusion of a one-day trial the jury was instructed as to the elements of both the charged offense and the lesser included offense of attempted breaking and entering an occupied dwelling...

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