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People v. Bowen

Michigan Court of Appeal
158 N.W.2d 794 (1968)


Facts

One night, Sherrel Bowen and William Rouse (defendants), along with two female companions, went to the home Matilda Gatzmeyer, an 80-year-old woman and an acquaintance of Bowen’s. A neighbor became suspicious when defendants arrived and called the police. While the female companions spoke to Gatzmeyer on the basement steps at the rear of the home, Bowen and Rouse went through Gatzmeyer’s bedroom looking for certain items. Upon their arrival, the police ordered defendants to the front of Gatzmeyer’s house. Subsequently, the officers found two rings near where Rouse had been seated and a necklace located near where Bowen had been standing. Defendants were charged with committing larceny in a building. At trial, Gatzmeyer testified that the defendants had taken her jewelry out of her bedroom without her permission. The trial judge refused to submit the case to the jury on a charge of larceny and instead provided jury instructions consistent with a charge of attempted larceny. Defendants were found guilty of attempted larceny and they appealed.

Rule of Law

Issue

Holding and Reasoning (Levin, J.)

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