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PEOPLE v. SCOTT

Docket No. 17216.

55 Mich. App. 739 (1974)

223 N.W.2d 330

PEOPLE v. SCOTT

Michigan Court of Appeals.

Decided October 7, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter E. Deegan, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people.

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

Before: BRONSON, P.J., and QUINN and VAN VALKENBURG, JJ.

VAN VALKENBURG, J.

The defendant was found guilty by a jury on February 6, 1973, of breaking and entering with intent to commit larceny MCLA 750.110; MSA 28.305.

Five issues are raised for our consideration, the most important one being the claim that the instructions to the jury on the defense of intoxication were erroneous, confusing and contradictory.

The disputed charge reads as follows:

...

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