People v. Antonelli

On Rehearing

T. M. Burns, P. J.

This cause is before us once again by way of application for rehearing filed by the plaintiff-appellee. We hereby grant said application and reverse our previous disposition of this appeal. The original opinion is published at 64 Mich App 620; 238 NW2d 363 (1975).

One of the offenses with which defendant was charged was the burning of a dwelling house, MOLA 750.72; MSA 28.267. The trial court concluded that defendant could not be convicted of that charge since the buildings in question were not occupied. The trial court concluded, however, that violation of MOLA…