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PEOPLE v. RIDER

Docket No. 65658.

411 Mich. 496 (1981)

307 N.W.2d 690

PEOPLE v. RIDER

Supreme Court of Michigan.

Decided July 13, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James J. Gregart, Prosecuting Attorney, and Paul Burakoff, Assistant Prosecuting Attorney, for the people.

Carlton Rider, in propria persona.

PER CURIAM:

This case presents the question of whether the element of breaking in a prosecution for breaking and entering with intent to commit larceny contrary to MCL 750.110; MSA 28.305 is established where it is demonstrated that the defendant gained entry to the premises by using a key which had been entrusted to him.

I

On July 2, 1979 the defendant pled guilty to a single count of breaking and entering with intent to commit larceny. During the...

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