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PEOPLE v. SMITH

Docket No. 43594.

97 Mich. App. 778 (1980)

296 N.W.2d 169

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Timothy L. Cronin, Assistant Prosecuting Attorney, for the people.

Bernstein, Rabinovitz & Weitzman, P.C., for defendant on appeal.

Before: M.J. KELLY, P.J., and M.F. CAVANAGH and P.C. ELLIOTT, JJ.

P.C. ELLIOTT, J.

Defendant was charged with (Count 1) breaking and entering a railroad boxcar, MCL 750.110; MSA 28.305, and (Count 2) receiving or aiding in the concealment of stolen property of value over $100, MCL 750.535; MSA 28.803. The jury found him guilty of the second count1 and he was sentenced to prison.

Because of a series of thefts, railroad detectives were watching from...

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