People v. Rider

This case presents the question of whether the element of breaking in a prosecution for breaking and entering with intent to commit larceny contrary to MCL 750.110; MSA 28.305 is established where it is demonstrated that the defendant gained entry to the premises by using a key which had been entrusted to him.

I

On July 2, 1979 the defendant pled guilty to a single count of breaking and entering with intent to commit larceny. During the course of the plea proceedings the defendant admitted that on the evening of February 19, 1979 he went to a gasoline service station owned by his employer. He…