People v. Haner

On July 14, 1977, the defendant was convicted by a jury of breaking and entering an occupied building with intent to commit larceny, MCL 750.110; MSA 28.305. On July 19, 1977, the defendant filed a motion for a new trial, based on the trial court’s refusal to give a requested instruction on the crime of entering without breaking, MCL 750.111; MSA 28.306.

On August 11, 1977, at a hearing on the defendant’s motion, the people opposed the defendant’s motion, arguing that the offense of entering without breaking was not a necessarily included offense to breaking and entering. Based on an…