People v. Van Smith

Defendant Herbert Van Smith, Jr., and a codefendant were charged with breaking and entering a business place with intent to commit larceny, MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). Defendant Smith was found guilty by a jury and sentenced to 7-1/2 to 10 years imprisonment.

On appeal, counsel for defendant Smith urges reversible error by the trial judge in refusing to instruct the jury on the lesser included offenses of (1) entering a building, without breaking, with intent to commit larceny, MCLA § 750.111 (Stat Ann 1970 Cum Supp § 28.306), and (2) entering a building, without…