People v. Page

Defendant’s conviction of attempted breaking and entering, MCLA 750.110; *670MSA 28.305, and MCLA 750.92; MSA 28.287, must be reversed.

Judge Holbrook’s opinion accurately recites the facts. Our disagreement with his opinion involves the question of instructions on lesser included offenses, specifically the requested instruction on attempted larceny in a building, MCLA 750.360; MSA 28.592, and MCLA 750.92; MSA 28.287.

The common-law test for lesser included offenses required "that the lesser must be such that it is impossible to commit the greater without first having committed the lesser”. People…