People v. Fell

On August 2, 1974, John Edward Fell, Jr. was found guilty by the trial court, sitting without a jury, of larceny in a building. MCLA 750.360; MSA 28.592. He was sentenced to a term of a minimum of 2 years to a maximum of 4 years in prison on August 15, 1974.

On March 15, 1974, the defendant and his stepbrother drove into a gas station at approximately 6:30 p.m. A seventeen-year-old man was the only attendant at the gas station that night.

The gas station building was divided into two rooms, an outer room referred to as the "salesroom” and an inner room referred to as the "backroom”. The…