People v. Rohn

Defendant was convicted of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305.

Defendant requested the trial court to instruct the jury on the lesser included offense of entering without permission. MCLA 750.115; MSA 28.310. The trial court denied the request and the defendant appeals. However, the trial court gave instructions on the following included offenses: entering without breaking — MCLA 750.111; MSA 28.306, and larceny —MCLA 750.360; MSA 28.592.

In People v Stevens, 9 Mich App 531 (1968), Justice T. Gr. Kavanagh, then a member of this Court, stated on pages…