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PEOPLE v. DOUGLAS

Docket Nos. 14549, 14550, 16392.

52 Mich. App. 224 (1974)

216 N.W.2d 920

PEOPLE v. DOUGLAS PEOPLE v. NEWBERN PEOPLE v. BROWN

Michigan Court of Appeals.

Decided March 26, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, and T.S. Givens, Assistant Appellate Counsel, for the people.

Campbell, Lee, Kurzman & Leitman (by Bruce T. Leitman), for defendants.

Before: J.H. GILLIS, P.J., and HOLBROOK and DENEWETH, JJ.

J.H. GILLIS, P.J.

Defendants were charged with breaking and entering a business place with intent to commit larceny therein. MCLA 750.110; MSA 28.305. Defendants Douglas and Newbern elected to be tried by a jury, while defendant Brown waived that right. All defendants were simultaneously tried and convicted of the lesser included offense of entering without breaking with intent to commit larceny. MCLA 750.111; MSA 28.306. Douglas and Newbern appeal as of right; Brown...

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