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PEOPLE v. BASHANS

Docket Nos. 29441, 31063.

80 Mich. App. 702 (1978)

265 N.W.2d 170

PEOPLE v. BASHANS PEOPLE v. HERBIN

Michigan Court of Appeals.

Decided January 23, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and Lawrence W. Smith, Assistant Prosecuting Attorney, for the people.

Thomas L. Frank, for defendant Jacob P. Bashans.

Craig H. Dill, for defendant Harry Herbin on appeal.

Before: DANHOF, C.J., and ALLEN and H.L. HEADING, JJ.

DANHOF, C.J.

Defendants were convicted by a jury of breaking and entering with intent to commit larceny, contrary to MCLA 750.110; MSA 28.305. Defendants were sentenced to terms of from 6 to 15 years imprisonment and now appeal by right.

I

Defendant Bashans assigns as error the trial court's refusal to instruct on "larceny" and "entering without breaking and without permission", as requested by his counsel...

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