People v. Gardner

Defendant was convicted by jury verdict of breaking and entering a building with intent to commit larceny and sentenced to serve a prison term of 7-1/2 to 10 years. MCLA 750.110; MSA 28.305. From this conviction defendant appeals by right.

The sole issue argued by defendant is whether the trial judge committed reversible error by denying his request to instruct the jury upon the lesser included offenses of the crime charged.

The facts reveal that the Ivanhoe Farms Food Market storage shed was broken into on September 1, 1971. At approximately 1 a.m., a private alarm service monitoring a…