Michigan Court of Appeals, 1969

People v. Durr

People v. Durr
Michigan Court of Appeals · Decided April 21, 1969 · Burns, Fitzgerald, Holbrook
16 Mich. App. 763

People v. Durr

Opinion of the Court

Per Curiam.

Defendant was convicted of unlawful possession of a narcotic drug (CLS 1961, § 335-*764.153; Stat Ann 1957 Eev §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 that the question sought to be reviewed is so unsubstantial as to need no argument or formal submission., (G-CR 1963, 817.5[3].) We agree. “A variance between pleading and proof as to the amount of the subject matter involved in the alleged offense is not material when the amount is not an ingredient of the offense.” 5 Wharton’s Criminal Law & Procedure, § 2067, p 222.

,-Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.