People v. Shipp

On January 17, 1975, defendant was convicted after a jury trial of unlawfully driving away a motorcycle. MCLA 750.413; MSA 28.645. Defendant was sentenced to two to five years in prison and appeals as of right.

Defendant raises three issues, two of which con cern the trial court’s instructions to the jury, the third concerning an alleged agreement between defendant and the prosecutor.

The jury instructions pertinent to the first two issues are as follows:

"Now, the statute under which this charge is brought, in so far as the same is material, provides in pertinent part as follows:

" 'Any person…