People v. Miller

After a jury trial the defendants were convicted of breaking and entering an occupied dwelling house with intent to commit larceny. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28-.305). They now appeal.

The defendants have directed our attention to the trial court’s instructions on the elements of the offense. The issue as framed by the defendants is lacking in merit. However, our examination of the instructions reveals a defect that is so basic that a reversal is required. After a careful examination of the trial court’s instructions we must conclude that the court failed to instruct the jury on…