People v. Jacques

572 N.W.2d 195, 456 Mich. 352
CourtMichigan Supreme Court
DecidedJanuary 21, 1998
Docket106247, Calendar No. 14
StatusPublished
Cited by7 cases

This text of 572 N.W.2d 195 (People v. Jacques) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Jacques, 572 N.W.2d 195, 456 Mich. 352 (Mich. 1998).

Opinions

Cavanagh, J.

The issue presented in this case is whether entry into an enclosure by crawling under a fence constitutes the crime of entry without breaking, MCL 750.111; MSA 28.306. The Court of Appeals held that a fence is included in the catchall category of “structure” contained in the statute. We disagree with the Court of Appeals and hold that a fence is not a structure for the purposes of the statute.

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The defendant was arrested for stealing four crushed pop cans from a 7-UP distribution center. Apparently, he slid under the fence surrounding the center through a six- to eight-inch depression in the ground, picked up the cans, and put them in his pocket. He was discovered by the police holding on to the back of a trailer parked within the fenced area. When questioned by the police, he admitted that he did not have permission to be in the center, and that he had gained access to the enclosure by crawling under the fence.

Defendant was convicted of entry without breaking1 at a bench trial before Recorder’s Court Judge [354]*354Michael F. Sapala. Instrumental to the conviction was Judge Sapala’s finding that the fenced enclosure was “part of the business,” and, therefore, entry through the fence into the enclosure constituted entry into a structure. The Court of Appeals affirmed the conviction, holding that “our Legislature contemplated a fence that is used to enclose and protect property and is ‘an integral part of a closed compound’ when it included the term ‘structure’ in the breaking and entering and entering -without breaking statutes.” 215 Mich App 699, 709; 547 NW2d 349 (1996) (citations omitted). We granted leave to appeal.

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The crime of entry without breaking is defined as:

Any person who, without breaking, shall enter any dwelling, house, tent, hotel, office, store, shop, warehouse, bam, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, with intent to commit a felony or any larceny therein, shall be guilty of a felony punishable by imprisonment in the state prison not more than 5 years, or fined not more than $2,500.00. [MCL 750.111; MSA 28.306.]

While the term “fence” or “fenced enclosure” does not appear in the specifically enumerated terms of the statute, both the trial court and the Court of Appeals found that a fence is included in the general term “structure.” The question before us is whether, in the context of the statute, the word structure was meant to include a fence.

Our first step in interpreting a statute is to look at the “common and approved usage” of the word in question. People v Fields, 448 Mich 58, 67; 528 NW2d 176 (1995). This principle of statutory construction [355]*355requires us to look at the ordinary meaning given to the term “structure.” Unfortunately, the ordinary meaning of the word structure provides little guidance in this case. In People v Adams, 75 Mich App 736; 255 NW2d 752 (1977), the Court of Appeals explained that structure is traditionally defined to include “ ‘any production or piece of work artificially built up or composed of parts joined together in some definite manner; any construction or edifice for any use; or that which is built, such as a dwelling house, church, shed, or store.’ ” Id. at 738, quoting 2 Wharton, Criminal Law & Procedure, § 428, pp 49-50. Thus, the ordinary meaning of the term structure is broad enough to cover everything from a building to a breadbox. Certainly, entry into a breadbox is not the type of criminal behavior contemplated by the Legislature. We believe the Legislature intended a more narrow interpretation of the word “structure.”

When the ordinary meaning of a term is not helpful, this Court has traditionally looked to a second principle of statutory construction, ejusdem generis. This principle was stated by this Court in People v Brown, 406 Mich 215, 221; 277 NW2d 155 (1979):

“This is a rule whereby in a statute in which general words follow a designation of particular subjects, the meaning of the general words will ordinarily be presumed to be and construed as restricted by the particular designation and as including only things of the same kind, class, character or nature as those specifically enumerated.” [Quoting People v Smith, 393 Mich 432, 436; 225 NW2d 165 (1975).]

In Smith, this Court used the principle of ejusdem generis to interpret the statutory offense of carrying a [356]*356concealed weapon.2 The defendant was prosecuted after the police found an m-i rifle under the front seat of his car. The concealed weapons statute made it illegal for a person to so “carry a dagger, dirk, stiletto, or other dangerous weapon.”3 We held that the term “other dangerous weapon” was limited to a stabbing weapon when it followed the terms “dagger, dirk, stiletto” in the statute. Therefore, the defendant’s rifle was not included in the general term “other dangerous weapon” for the purposes of that statute.4

Similarly, in the statute before us, the terms dwelling, house, tent, hotel, office, store, shop, warehouse, bam granary, factory or other building, boat, ship, and railroad car all appear before the term structure. The commonality shared by all these terms is that they are buildings or structures that may be entered into. Indeed, the purpose of the statute is to prohibit the unlawful entry into a building or structure. Because all the specific terms listed in the statute are limited to places that may be entered into, the general term structure must also be so limited.

The dissent argues that the use of ejusdem generis is inappropriate in this case because the term structure is not preceded by the modifying word “other” in the statute; therefore, the language employed by the Legislature manifests an intention for the term structure to be read expansively. We agree with the dissent [357]*357that the doctrine of ejusdem generis does not apply to a statute where the context of the statute manifests a contrary intention. A good example of such a situation is presented in In re Forfeiture of $5,264, 432 Mich 242; 439 NW2d 246 (1989), cited by the dissent. In that case, the Court was concerned with whether the forfeiture provision of the controlled substances act5 applied to real property. The relevant provision of the act stated that it was to cover “any thing of value . . . including but not limited to money, negotiable instruments, or securities. ...” Id. at 252-253, n 7 (emphasis in original). The Court refused to apply ejusdem generis because the statute in question clearly evidenced an intention not to limit items covered by the statute to the types of things specifically listed.

In contrast, we find no such manifestation of intent in the context of the present statute. First, none of the cases cited by the dissent require the use of a modifying term such as “other” to come before the general term in a statute.6 The absence of “other” before “structure” does not, by itself, prohibit the use [358]*358of ejusdem generis. Second, a sensible reading of the statute supports the use of ejusdem generis.

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People v. Jacques
572 N.W.2d 195 (Michigan Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
572 N.W.2d 195, 456 Mich. 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jacques-mich-1998.