People v. Larson

Defendant pled guilty to and was convicted of breaking and entering an occupied dwelling bouse with intent to commit larceny. MCLA § 750.110 1 (Stat Ann 1968 Cum Supp § 28-.305) . 2 Tbe only relevant facts are as follows:

Tbe crime occurred on or about April 2,1968. Tbe structure into wbicb defendant broke and entered with intent to commit larceny was used exclusively as a dwelling bouse by tbe family that owned it. At tbe time of tbe breaking and entering, no one was physically present in tbe dwelling bouse, tbe owners having temporarily departed to do errands.

Tbe trial court held that tbe…