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38 Mich. App. 272

195 N.W.2d 896

People v. Kendrick

Michigan Court of Appeals

Decided February 18, 1972

Michigan Court of Appeals · decided 1972-02-18

Cited by 2 later decisions — most recently November 2008

Applies MI 750 § 750.360

Good law ✅— No negative treatment on recordhow we know

Decided 1972-02-18

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Memorandum: Opinion.

¶1Defendant appeals his conviction of larceny in a building contrary to MCLA 750.360; MSA 28.592.

¶2Defendant first contends that the trial court’s instructions as to the elements of the crime were in error. However, since no objection was registered against the instructions as given, we will not consider the question on appeal. GCR 1963, 516.2.

¶3Defendant also contends that the prosecutor’s closing remarks were improper. Since the remarks were not objected to below, the issue is not properly preserved for appeal unless a showing of a miscarriage of justice can be made. People v Thomas Smith, 30 Mich App 34, 37 (1971). Our review of the record reveals that the remarks were neither improper nor prejudicial because they were related to the evidence at trial. See People v Humphreys, 24 Mich App 411, 414 (1970).

¶4Affirmed.

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