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PEOPLE v. HOWARD

Docket No. 31212.

78 Mich. App. 592 (1977)

261 N.W.2d 15

PEOPLE v. HOWARD

Michigan Court of Appeals.

Decided September 21, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Gerald D. Lostracco, Prosecuting Attorney, for the people.

Kelly & Hall, for defendant on appeal.

Before: DANHOF, C.J., and T.M. BURNS and A.E. KEYES, JJ.

DANHOF, C.J.

On July 16, 1976, defendant was convicted by a jury of breaking and entering an occupied dwelling with intent to commit a larceny therein, in violation of MCLA 750.110; MSA 28.305. Defendant was tried jointly with one codefendant who was also convicted. Defendant was sentenced to a term of 4 to 15 years in prison on August 30, 1976. Subsequently defendant moved for a new trial based on newly discovered evidence...

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