People v. Ritchie

Full title: PEOPLE v RITCHIE

Court: Michigan Court of Appeals

Date published: Mar 28, 1974

52 Mich. App. 380 (Mich. Ct. App. 1974)

217 N.W.2d 439

Opinion

Docket No. 16377.

Decided March 28, 1974. Leave to appeal applied for.

Appeal from Berrien, Julian E. Hughes, J. Submitted Division 3 February 6, 1974, at Grand Rapids. (Docket No. 16377.) Decided March 28, 1974. Leave to appeal applied for.

Delmar Ritchie was convicted of breaking and entering with intent to commit larceny. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Ronald J. Taylor, Prosecuting Attorney, and Sally M. Zack, Assistant Prosecuting Attorney, for the people.

Roger L. Wotila, Assistant State Appellate Defender, for defendant.

Before: R.B. BURNS, P.J., and ALLEN and O'HARA,^_ JJ.

_ Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.

R.B. BURNS, P.J.

Defendant was found guilty by a jury of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305.

A review of the record discloses no reversible error. We affirm.

During oral argument, defense counsel raised the issue that the trial judge, during his instructions, had informed the jury that the lesser included offense of entering without permission (MCLA 750.115; MSA 28.310) was a misdemeanor.

The writer of this opinion also authored People v Nichols, 50 Mich. App. 440; 213 N.W.2d 558 (1973), and in that case held such an instruction was error. But an incorrect decision was made in Nichols. In People v Burk, 238 Mich. 485; 213 N.W. 717 (1927), the Supreme Court upheld the trial court's practice of reading the statute to the jury. Statutes state whether the crime is a felony or a misdemeanor.

Affirmed.

All concurred.