People v. Tiszae

This case is submitted on the people’s motion to affirm pursuant to GCR 1963, 817.5 (3). Defendants were convicted by a jury of breaking and entering a business place with intent to commit a larceny (MCLA § 750.110 [Stat Ann 1970 Cum Supp § 28.305]) on December 16, 1968. Defendants were sentenced to 3 to 10 years in the State prison.

On appeal, defendants assert that there was insufficient proof to establish the corpus delicti of the crime charged and that the trial judge should have instructed the jury as to the lesser offenses of entering without breaking and entering without breaking and…