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PEOPLE v. McINTOSH

No. 7 November Term 1972, Docket No. 53,582.

389 Mich. 82 (1973)

204 N.W.2d 135

PEOPLE v. McINTOSH

Supreme Court of Michigan.

Decided February 20, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Joel B. Saxe, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Daniel S. Seikaly, Assistant Defender), for defendant on appeal.

T.G. KAVANAGH, J.

Defendant appeals his conviction of larceny from a building MCLA 750.360; MSA 28.592. The Court of Appeals1 affirmed, LEVIN, J. dissenting.

On April 25, 1967, defendant and a companion, Joseph Pritchard, drove into Buchanan's Gulf Station on Miller Road in Flint. Defendant claimed to be having some trouble with the engine of his car. At this time there were two employees on duty at the gas station. One, C.O. Wallace...

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