PEOPLE v. JACQUES

Docket No. 106247, Calendar No. 14.

572 N.W.2d 195 (1998)

456 Mich. 352

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Christopher Carl JACQUES, Defendant-Appellant.

Supreme Court of Michigan.

Decided January 21, 1998.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, Detroit, for People.

State Appellate Defender by Peter Jon Van Hoek, Detroit, for Defendant-Appellant.


Opinion

MICHAEL F. CAVANAGH, Justice.

The issue presented in this case is whether entry into an enclosure by crawling under a fence constitutes the crime of entry without breaking, M.C.L. § 750.111, M.S.A. § 28.306. The Court of Appeals held that a fence is included in the catch-all category of "structure" contained in the statute. We disagree with the Court of Appeals and hold that a fence is not a structure for the purposes of the statute.

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