People v. Don Francisco Lopez

Defendant was charged with the offense of breaking and entering an occupied dwelling house with intent to commit larceny therein, contrary to MCLA 750.110; MSA 28.305. He was convicted by a jury of the lesser included offense of entering without breaking a dwelling house with intent to commit a felony therein, contrary to MCLA 750.111; MSA 28.306. The trial judge sentenced defendant to a term of from three to five years in prison, and defendant appeals by right.

Defendant first contends that he was convicted of a nonexistent crime when the jury returned a verdict of guilty of "entering without…