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PEOPLE v. ROBERT BROWN

Docket No. 25320.

72 Mich. App. 749 (1976)

250 N.W.2d 522

PEOPLE v. ROBERT BROWN

Michigan Court of Appeals.

Decided December 10, 1976.

Attorney(s) appearing for the Case

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

Gene R. Myers, for defendant on appeal.

Before: R.B. BURNS, P.J., and QUINN and BEASLEY, JJ.

QUINN, J.

Defendant was charged with breaking and entering a store building with intent to commit larceny, MCLA 750.110; MSA 28.305, and was tried before a jury for that offense. Convicted as charged and sentenced, he appeals.

Defendant requested instructions on the claimed included offenses of larceny in a building and attempted larceny in a building. The trial judge declined to give the latter instruction, although he did instruct on larceny in a building...

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