People v. Adams

Defendant Michael Tracy Adams was convicted by bench trial of breaking and entering an unoccupied structure with intent to commit a larceny therein, MCLA 750.110; MSA 28.305, and appeals.

The trial record reveals that the defendant and an accomplice broke into a wooden shed enclosing a gasoline pump in an attempt to steal some gas. The shed was determined to be approximately 4-1/ 2 feet high and 3 feet square.

Defendant contends that he could not be validly convicted under MCLA 750.110; MSA 28.305, because the gas pump shed was not a "building” or "structure” within the meaning of the statute.…