People v. Page

This writer respectfully disagrees with the majority opinion. As Judge Maher indicates, our disagreement includes the question of lesser offense instructions. This writer cannot agree that the trial court committed error herein by not instructing the jury on a lesser offense. The law at the time of this trial clearly indicated that this instruction was not required when the offense was not supported by the evidence adduced at trial.

On February 26, 1975, defendant was convicted by a jury of attempted breaking and entering with intent to commit larceny, MCLA 750.110; MSA 28.305, and MCLA…