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PEOPLE v. SAIN

Docket No. 62984.

407 Mich. 412 (1979)

285 N.W.2d 772

PEOPLE v. SAIN

Supreme Court of Michigan.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Don W. Atkins, Assistant Prosecuting Attorney, for the people.

Maxwell & Sniderman for defendant.

PER CURIAM:

Charged with breaking and entering with the intent to commit larceny,1 the defendant was convicted by a jury of entering without breaking with the intent to commit larceny.2 Because the record discloses that the prosecutor utilized a portion of his closing argument to improperly comment upon the defendant's exercise of his right to remain silent at the time of his arrest, we reverse.

Two...

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