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PEOPLE v. GINTHER

No. 5 May Term 1973, Docket No. 54,099.

390 Mich. 436 (1973)

212 N.W.2d 922

PEOPLE v. GINTHER

Supreme Court of Michigan.

Decided December 18, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harvey Koselka, Prosecuting Attorney (Thomas R. Lewis and James D. Hunter, of counsel), for the people.

State Appellate Defender Office (by Stuart M. Israel [Martin Reisig, of counsel]), for defendant on appeal.

LEVIN, J.

Herbert Eugene Ginther was convicted on his plea of guilty of the offense of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305. The Court of Appeals affirmed. People v Ginther, 39 Mich.App. 113; 197 N.W.2d 281 (1972).

Ginther contends that his guilty plea should be set aside because the judge erred in failing to

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