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PEOPLE v. HEATH

Docket No. 31266.

80 Mich. App. 185 (1977)

263 N.W.2d 58

PEOPLE v. HEATH

Michigan Court of Appeals.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Torger Omdahl, Prosecuting Attorney (Prosecuting Attorneys Appellate Unit, Thomas C. Nelson, Assistant Attorney General, of counsel), for the people.

Kim R. Fawcett, Assistant State Appellate Defender, for defendant on appeal.

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

R.B. BURNS, P.J.

Defendant appeals his jury conviction of breaking and entering an unoccupied building with intent to commit larceny, contrary to MCLA 750.110; MSA 28.305.

Defendant contends that the prosecutor impermissibly commented upon his failure to testify and improperly shifted the burden of proof through the following objected-to portion of his closing argument:

"After I get done with my closing...

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