People v. Bashans

Defendants were convicted by a jury of breaking and entering with intent to commit larceny, contrary to MCLA 750.110; MSA 28.305. Defendants were sentenced to terms of from 6 to 15 years imprisonment and now appeal by right.

I

Defendant Bashans assigns as error the trial court’s refusal to instruct on "larceny” and "entering without breaking and without permission”, as requested by his counsel. This refusal occurred two days before the Supreme Court released opinions in People v Henry, 395 Mich 367; 236 NW2d 489 (1975), People v Ora Jones, 395 Mich 379; 236 NW2d 461 (1975), and People v…