150 Mich. 449 | Mich. | 1907
{after stating the facts).
“Every person who shall break and enter, in the nighttime, any office, shop, * * * or factory, * * * with intent to commit * * * larceny, shall be punished,” etc. 3 Comp. Laws, § llSf?.
The instruction was clearly correct. The witnesses spoke of it as “the shop.” It was a shop within “the common and approved usage of the language” (1 Comp. Laws, § 50), and the court very properly told the jury that whether it was technically a shop, or technically a factory, was of no interest to them.
We find no error in the charge of the court.
The conviction is affirmed.