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PEOPLE v. DURR

Docket No. 5,426.

16 Mich. App. 763 (1969)

168 N.W.2d 633

PEOPLE v. DURR

Michigan Court of Appeals.

Decided April 21, 1969.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Marshall C. Hill, for defendant.

BEFORE: HOLBROOK, P.J., and FITZGERALD and T.M. BURNS, JJ.

PER CURIAM:

Defendant was convicted of unlawful possession of a narcotic drug (CLS 1961, § 335.153; Stat Ann 1957 Rev § 18.1123) and appeals. The brief on appeal contends that the trial court should have granted a directed verdict of not guilty, based on an asserted variance between the information and proofs relating to the quantity of the drug possessed.

A motion to affirm has been filed on the ground...

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