People v. William James

Defendant was charged with receiving and concealing stolen property, MCL 750.535; MSA 28.803, to-wit: a 1975 Ford station wagon. At the close of the proofs, the court found that insufficient evidence was presented to support a conviction for that offense and convicted the defendant of attempted larceny from an automobile. Though the court recognized that attempted larceny from a motor vehicle was not a necessarily included lesser offense, it deemed it to be a cognate lesser included offense on the theory that the facts necessary to establish either offense were "so similar” and that "if…