People v. Cardigan

The defendant, Howard Cardigan, appeals his conviction of breaking and entering an occupied dwelling. MCLA 750.110; MSA 28.305.

The trial judge did not err in refusing to charge on the lesser included offense of entering without permission. MCLA 750.115; MSA 28.310. A judge is not obliged to instruct on a lesser offense unless the jurors can reasonably infer from the evidence, or lack of evidence, that the greater offense was not committed and that the lesser offense was committed. People v Gregory Thomas, 38 Mich App 777, 779 (1972); People v Membres, 34 Mich App 224 (1971).

Here the evidence…