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PEOPLE v. PAGE

Docket No. 24071.

73 Mich. App. 667 (1977)

252 N.W.2d 239

PEOPLE v. PAGE

Michigan Court of Appeals.

Decided March 1, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Charles P. Kellett, Assistant Prosecuting Attorney, for the people.

George Stone, for defendant.

Before: R.M. MAHER, P.J., and D.E. HOLBROOK and N.J. KAUFMAN, JJ.

R.M. MAHER, P.J.

Defendant's conviction of attempted breaking and entering, MCLA 750.110; MSA 28.305, and MCLA 750.92; MSA 28.287, must be reversed.

Judge HOLBROOK'S opinion accurately recites the facts. Our disagreement with his opinion involves the question of instructions on lesser included offenses, specifically the requested instruction on attempted larceny in a building, MCLA 750.360; MSA 28.592, and MCLA...

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