PEOPLE v. EINEDER

Docket No. 5,452.

16 Mich. App. 270 (1969)

167 N.W.2d 893

PEOPLE v. EINEDER

Michigan Court of Appeals.

Leave to appeal denied October 13, 1969.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, S. Jerome Bronson, Prosecuting Attorney, and Dennis Donohue, Chief Appellate Counsel, for the people.

Charles J. Porter, for defendant.

BEFORE: QUINN, P.J., and McGREGOR and V.J. BRENNAN, JJ.


PER CURIAM:

Defendant contends his jury conviction for taking possession and driving away a motor vehicle, under CL 1948, § 750.413 (Stat Ann 1954 Rev § 28.645), denied him equal protection of the law. He argues that two statutes of unequal penalties apply to the same crime, the other statute being CL 1948, § 750.414 (Stat Ann 1954 Rev § 28.646). Thus, defendant contends he was subject to the arbitrary choice of the prosecutor as to which statute...

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