People v. Combs

Defendant was convicted by a jury of attempted breaking and entering with intent to commit larceny. MCLA 750.92; MSA 28.287, MCLA 750.110; MSA 28.305. He received a sentence of 3 to 5 years in prison. Defendant appeals as of right.

Although the defendant was convicted of attempted breaking and entering with intent to commit larceny, he was initially charged with and tried for a completed breaking and entering with intent to commit larceny. MCLA 750.110; MSA. 28.305. At trial sufficient evidence was introduced which, if believed by the jury, would support a finding adverse to the defendant on…