People v. Thomas

The defendant, Gregory L. Thomas, was convicted by a jury of the offense of larceny from the person. MCLA 750.357; MSA 28.589. The defense was alibi.

The trial judge charged the jury that there were three possible verdicts: (1) guilty of larceny from the person, (2) guilty of the lesser offense of sjbtnple larceny, and (3) not guilty. He refused to charge that the defendant could be convicted of the lesser offenses of attempt to commit larceny from the person or attempt to commit simple larceny.

The defendant’s reliance on People v Lemmons, 384 Mich (1970), is misplaced. Lemmons is an exception…