People v. Brager
| Decision Date | 16 July 1979 |
| Docket Number | No. 62427,62427 |
| Citation | 280 N.W.2d 826,406 Mich. 1004 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Charles BRAGER, Defendant-Appellant. |
| Court | Michigan Supreme Court |
The Court of Appeals decision dated November 28, 1978, 87 Mich.App. 321, 273 N.W.2d 925, the Court of Appeals record, and the trial court record have been considered by the Court, pursuant to a letter request of the defendant under Administrative Order 1977-4, 400 Mich. lxvii to determine whether leave to appeal or other relief should be granted by this Court.
Pursuant to GCR 1963, 853.2(4), we REVERSE the Court of Appeals and REMAND to the trial court for entry of a judgment of conviction of larceny in a building, M.C.L. 750.360; M.S.A. § 28.592, and for resentencing. Larceny in a building is a cognate lesser included offense of breaking and entering, and the evidence would have supported conviction of this crime. People v. Kamin, 405 Mich. 482, 496, 275 N.W.2d 777 (1979); People v. Chamblis, 395 Mich. 408, 236 N.W.2d 473 (1975).
If, however, the prosecuting attorney is persuaded that the ends of justice would be better served, upon notification to the trial court before resentencing, the trial court shall vacate the judgment of conviction and grant a new trial on the charge of breaking and entering an occupied dwelling house with intent to commit larceny therein.
This Court does not retain jurisdiction.
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People v. Wise
...Larceny in a building is a cognate lesser included offense of breaking and entering with intent to commit larceny. People v. Brager, 406 Mich. 1004, 280 N.W.2d 826 (1979); People v. Kamin, 405 Mich. 482, 496, 275 N.W.2d 777 But merely because under the facts of a particular case one offense......
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People v. Cavanaugh
...Larceny in a building is a cognate lesser included offense of breaking and entering with intent to commit larceny. People v. Brager, 406 Mich. 1004, 280 N.W.2d 826 (1979). The elements of larceny in a building are: 1) an actual or constructive taking, 2) an asportation, 3) with a felonious ......
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People v. Goliday
...only a cognate, not a necessarily included, lesser offense of breaking and entering with intent to commit larceny. People v. Brager, 406 Mich. 1004, 280 N.W.2d 826 (1979); People v. Wise, 134 Mich.App. 82, 351 N.W.2d 255 (1984); People v. Cavanaugh, 127 Mich.App. 632, 339 N.W.2d 509 (1983).......
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People v. Stevens, Docket No. 67460
...held that larceny was a "cognate lesser included offense of breaking and entering". See also the order entered in People v. Brager, 406 Mich. 1004, 280 N.W.2d 826 (1979).2 The Supreme Court has granted leave to appeal in People v. Waits, 412 Mich. 914 (1982), People v. Coles, 412 Mich. 917 ......