People v. Hall

Michigan Court of Appeals
People v. Hall, 28 Mich. App. 662 (1970)
384 Mich. 816
Brennan, Gillis, Hara

People v. Hall

Opinion of the Court

Per Curiam.

The people move to affirm (GCR 1963, 817.5 [3]) defendant’s conviction of violating MCLA § 750.531 (Stat Ann 1954 Rev § 28.799) and the 8- to 25-year prison sentence imposed thereon.

In stating his findings, the trial court stated that defendant did in fact injure a safe. However, in stating the verdict, the court said that defendant did attempt to injure a safe. On appeal, defendant contends that he should have been sentenced to no more than five years in prison under the general attempt statute, MCLA § 750.92 (Stat Ann 1962 Rev § 28.287).

The general attempt statute is not applicable in this case because it applies only “when no express provision is made by law for the punishment of such attempt”. MCLA § 750.531 (Stat Ann 1954 Rev § 28.799), the statute under which defendant was convicted, expressly provides for the punishment of the offense of attempting to break, burn, blow-up or otherwise injure or destroy any safe.

Motion to affirm, granted.

Reference

Full Case Name
PEOPLE v. HALL
Cited By
1 case
Status
Published