People v. Gant

Defendant was convicted by jury verdict of larceny in a building and sentenced to a prison term of 3-1/2 to 4 years. MCLA 750.360; MSA 28.592. From this conviction defendant appeals as a matter of right, raising three allegations of error: (1) did the trial judge commit reversible error by denying defendant’s timely motion for a directed verdict, (2) did the trial judge commit reversible error by denying defendant’s motion for mistrial, and (3) is defendant’s sentence of 3-1/2 to 4 years valid in light of People v Tanner?

On April 14, 1971, defendant entered the garage of a Montgomery Ward…