People v. Shekoski

Michigan Court of Appeals

People v. Shekoski

166 N.W.2d 816, 15 Mich. App. 547, 1969 Mich. App. LEXIS 1521

CourtMichigan Court of Appeals

DecidedJanuary 29, 1969

DocketDocket No. 5,281

StatusPublished

This text of 166 N.W.2d 816 (People v. Shekoski) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Shekoski, 166 N.W.2d 816, 15 Mich. App. 547, 1969 Mich. App. LEXIS 1521 (Mich. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

Defendant, Michael Raymond Shekoski, was tried in Macomb County Circuit Court before a jury on a charge of breaking and entering [548]*548with intent to commit a larceny (MCLA § 750.110 [Stat Ann 1968 Cum Supp § 28.305]) and convicted. The trial judge refused to instruct the jury relating to the lesser included offense of breaking and entering without permission, CL 1948, § 750.115 (Stat Ann 1962 Rev § 28.310). On appeal, defendant contends this was reversible error.

A reading of the record reveals there was no error. Under the circumstances, the court was not required to instruct on the question of breaking and entering without permission, as there was no evidence to- support conviction of such an offense.

.Affirmed.

Fitzgerald, P. J., and R. B. Burns and Bronson, JJ., concurred.

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