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PEOPLE v. HENRY

Docket No. 54761, (Calendar No. 8).

395 Mich. 367 (1975)

236 N.W.2d 489

PEOPLE v. HENRY

Supreme Court of Michigan.

Decided December 18, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, John A. Smietanka, Prosecuting Attorney, and Sally M. Zack, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Steven L. Schwartz), for defendant on appeal.

T.G. KAVANAGH, C.J.

Defendant was charged and convicted by a jury of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305. The Court of Appeals affirmed. 44 Mich.App. 290; 205 N.W.2d 498 (1973).

Defendant contends that the trial court committed reversible error in its instructions to the jury by affirmatively excluding lesser included offenses from the jury...

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