DOWNEY, Judge.
This is an appeal from convictions of breaking and entering with intent to commit a felony and grand larceny. The error complained of below has to do with the court's failure to instruct the jury on lesser included offenses, and to direct a verdict due to insufficiency of the evidence. The first point was not properly preserved for appellate review, and the court's defalcation, if such it be, was induced by counsel for the defendant.
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