
    PEOPLE v. SHEKOSKI
    Criminal Law — Breaking and Entering — Lesser Included Offense.
    Refusal of court to charge the jury in a trial for breaking and entering with intent to commit a laréény on a lesser included' offense of breaking and entering without permission is not error where there is no evidence to support conviction of the lesser offense (CL 1948, §§ 750.110, 750.115)..
    Reference for Points in Headnote
    53 Am Jur, Trial § 798 et seg.
    Appeal from Macomb, Noe (Alton H.), <T.
    Submitted Division 2 January 13, 1969, at Detroit.
    (Docket No. 5,281.)
    Decided January 29, 1969.
    Michael Raymond Shekoski was convicted of breaking and entering with intent to commit a larceny. Defendant appeals.
    Affirmed.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Ramera, Chief Appellate Lawyer, and Bon L. Milbourn, Assistant Prosecuting Attorney, for the people.
    
      Bonald Z. Ricard, for defendant.
   Per Curiam.

Defendant, Michael Raymond Shekoski, was tried in Macomb County Circuit Court before a jury on a charge of breaking and entering with 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.  