PEOPLE v. McKENZIE

Docket No. 24081.

67 Mich. App. 356 (1976)

241 N.W.2d 205

PEOPLE v. McKENZIE

Michigan Court of Appeals.

Decided February 11, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Edwin R. Brown, Assistant Prosecuting Attorney, for the people.

Earl R. Spuhler, for defendant on appeal.

Before: N.J. KAUFMAN, P.J., and T.M. BURNS and M.F. CAVANAGH, JJ.


T.M. BURNS, J.

Defendant was charged with breaking and entering a building with intent to commit larceny therein. MCLA 750.110; MSA 28.305. On March 25, 1975, the jury returned a verdict of guilty as charged. Defendant was sentenced to a term of from 5 to 10 years in prison. He appeals as of right.

Was the jury instruction on intoxication erroneous?

Evidence was presented at trial that defendant was intoxicated when arrested. The pertinent part...

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