People v. Cornell

In the case before us, we must consider two issues: (1) whether the trial court erred in refus*337ing to give the requested misdemeanor lesser included offense instruction of breaking and entering without permission, MCL 750.115, and (2) if the trial court did err, whether the error was harmless. We hold that it was error for the trial court to refuse the requested instruction and that the error was harmless. Therefore, we affirm defendant’s conviction.

I

Defendant Cornell was convicted by a jury in the Roscommon Circuit Court of breaking and entering with the intent to commit larceny, MCL 750.110.…