People v. Taylor

A jury convicted defendant of breaking and entering with intent to commit larceny, MCLA 750.110; MSA 28.305. He was sentenced and he appeals on the basis of two alleged errors, both relating to instructions.

Defendant’s first claim is that the trial court erred by failing to instruct on the included offense of entering without breaking with intent to commit larceny. Ño request for this instruction was made at trial and no error occurred, People v Moore, 33 Mich App 190 (1971).

Without being requested to do so, the trial court instructed:

"Now, the defendant did not take the stand in this case.…