People v. Jones

Defendant was convicted by a jury of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305. He was sentenced to serve from 5 to 15 years imprisonment and appeals as of right.

Defendant contends the trial court committed reversible error in failing to instruct the jury on lesser included offenses. The defendant, who presented an alibi defense, neither requested such instructions nor objected to the instructions given. The trial judge did not instruct on lesser included offenses, but did not affirmatively exclude them from the consideration of the jury. Under these…