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PEOPLE v. WHALEN

Docket No. 20918.

65 Mich. App. 687 (1975)

238 N.W.2d 376

PEOPLE v. WHALEN

Michigan Court of Appeals.

Decided November 24, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harvey A. Koselka, Prosecuting Attorney, for the people.

Burdick & Fink (by N.C. Deday LaRene), for defendant.

Before: QUINN, P.J., and R.B. BURNS and D.E. HOLBROOK, JR., JJ.

Leave to appeal denied, 395 Mich. 827.

QUINN, P.J.

Defendant's second trial1 for breaking and entering, MCLA 750.110; MSA 28.305, and larceny in a building, MCLA 750.360; MSA 28.592, resulted in his second jury conviction of both offenses. He was sentenced and he again appeals.

The only facts of the crime pertinent to our decision are that defendant was in the car which contained fruits of the crime when the car was stopped...

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