People v. Nichols

Defendant was tried before a jury on a charge of attempted breaking and entering an occupied dwelling with intent to commit larceny therein. MCLA 750.110; MSA 28.305, and MCLA 750.92; MSA 28.287. At the conclusion of a one-day trial the jury was instructed as to the elements of both the charged offense and the lesser included offense of attempted breaking and entering an occupied dwelling without permission, MCLA 750.115; MSA 28.310, and MCLA 750.92; MSA 28.287. Also, the jury was informed by the trial judge that the charged offense is a felony and that the lesser-included offense is a…