People v. Dickerson

The defendant was convicted on his plea of guilty of the crime of breaking and entering in the nighttime. CL 1948, § 750.110 (Stat Ann 1962 Rev § 28.305). He appeals from a denial of his motion for a new trial.

The defendant’s argument on appeal is based on PA 1964, No 133 (MCLA § 750.110 [Stat Ann 1968 Cum Supp § 28.305]) which eliminated the distinction between breaking and entering in the nighttime and the daytime. See CL 1948, §§ 750.110, 750.111 (Stat Ann 1962 Rev §§ 28.305, 28.306) for the former statute. The former statute provided a maximum 15-year sentence for nighttime breaking and…