From Casetext: Smarter Legal Research

People v. Sheppard

Michigan Court of Appeals
Apr 30, 1971
33 Mich. App. 363 (Mich. Ct. App. 1971)

Opinion

Docket No. 11081.

Decided April 30, 1971.

Appeal from Recorder's Court of Detroit, George W. Crockett, Jr., J. Submitted Division 1 April 6, 1971, at Grand Rapids. (Docket No. 11081.) Decided April 30, 1971.

Andrew Sheppard was convicted of attempted larceny in a building. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Robert L. O'Hara, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant on appeal.

Before: T.M. BURNS, P.J., and FITZGERALD and R.B. BURNS, JJ.


The defendant was charged with attempted larceny in a building. MCLA § 750.360 (Stat Ann 1954 Rev § 28.592) and MCLA § 750.92 (Stat Ann 1962 Rev § 28.287). After a nonjury trial he was found guilty and sentenced to a term of 1-1/2 to 2 years in prison.

The appeal questions the trial court's denial of the defendant's motion for a directed verdict in which he alleged that the corpus delicti had not been proven because there was no testimony that he actually saw the money in the cash register. The people move to affirm the conviction.

The elements of the crime, felonious intent to commit larceny in a building and an overt act going beyond a mere preparation towards the commission of the crime, were clearly established by the testimony. People v. Bowen (1968), 10 Mich. App. 1, 7. It was not necessary to the conviction that the defendant actually see the money in the cash register. The question sought to be reviewed is so unsubstantial as to require no argument or formal submission.

Motion to affirm is granted.


Summaries of

People v. Sheppard

Michigan Court of Appeals
Apr 30, 1971
33 Mich. App. 363 (Mich. Ct. App. 1971)
Case details for

People v. Sheppard

Case Details

Full title:PEOPLE v. SHEPPARD

Court:Michigan Court of Appeals

Date published: Apr 30, 1971

Citations

33 Mich. App. 363 (Mich. Ct. App. 1971)
189 N.W.2d 794

Citing Cases

People v. Keatts

Elements of the crime of attempted larceny in a building are: (1) felonious intent to commit a larceny,…