People v. Palmer

The defendant, Jerome Palmer, was convicted by the trial judge, sitting without a jury, of aiding and abetting the attempted breaking and entering of an occupied dwelling house with intent to commit larceny. * 1 We reverse and remand for resentencing on the lesser included offense of attempted breaking and entering 2 because the people failed to establish Palmer’s intent to commit larceny.

Palmer was seen by police officers as hé was standing at the foot of the back door stairway of a Detroit residence. Two companions were at the door — one armed with an automobile lug wrench. All three ran…