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PEOPLE v. LOZON

Docket No. 14492.

48 Mich. App. 642 (1973)

211 N.W.2d 43

PEOPLE v. LOZON

Michigan Court of Appeals.

Decided July 26, 1973.

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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

David William Potts, for defendant.

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

PER CURIAM.

Defendant was charged with unlawfully driving away an automobile (MCLA 750.413; MSA 28.645) and convicted of that offense by a jury in the Detroit Recorder's Court. The first argument advanced by defendant on appeal is that the trial court erred by failing, sua sponte, to instruct the jury regarding the lesser included offense of use of a motor vehicle without authority (MCLA 750.414; MSA 28.646). The fact that defendant did not preserve this argument...

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