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PEOPLE v. CROSBY

Docket No. 25761.

82 Mich. App. 1 (1978)

266 N.W.2d 465

PEOPLE v. CROSBY

Michigan Court of Appeals.

Decided March 20, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Donald A. Johnston III, Chief Appellate Attorney, for the people.

George S. Buth, for defendant on appeal.

Before: J.H. GILLIS, P.J., and R.B. BURNS and ALLEN, JJ.

J.H. GILLIS, P.J.

On May 13, 1975, defendant was found guilty by a jury of unlawfully driving away an automobile. MCLA 750.413; MSA 28.645. Defendant was sentenced to a prison term of from 3 years, 4 months, to 5 years on August 4, 1975. He appeals as of right.

Defendant raises this issue: Whether unlawful use of an automobile is a necessarily lesser included offense of unlawfully driving away an automobile.

The elements of the crime of unlawfully...

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