People v. McCartney

*584D. E. Holbrook, J.

Robert Vincent McCartney was charged with entry without breaking with the intent to commit a larceny contrary to MCLA 750.111; MSA 28.306, and larceny of property with a value in excess of $100, MCLA 750.356; MSA 28.588. He was twice tried on the above charges and found guilty by a jury on both occasions. This Court, however, reversed both convictions, 46 Mich App 691; 208 NW2d 547 (1973), and 60 Mich App 620; 231 NW2d 472 (1975). Prior to commencement of the third trial, defendant filed a written motion for dismissal of the charges. The basis for this motion was that Mr.…