People v. Tilliard

Defendant was convicted, on his plea of guilty, of breaking and entering an unoccupied dwelling house with the intent to commit the crime of larceny therein, contrary to MCL 750.110; MSA 28.305. He was sentenced to 6 to 10 years with credit for 48 days already served and now appeals as of right.

Defendant first contends that there was an insufficient factual basis, under GCR 1963, 785.7(3), to support his breaking and entering plea. Specifically, he challenges the proof of his intent to commit larceny, an element that must exist at the time of the breaking and entering. See People v Kochan, 55…