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PEOPLE v. DAVENPORT

Docket No. 10718.

39 Mich. App. 252 (1972)

197 N.W.2d 521

PEOPLE v. DAVENPORT

Michigan Court of Appeals.

Decided March 22, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Patricia J. Boyle, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant on appeal.

Before: LEVIN, P.J., and HOLBROOK and BRONSON, JJ.

LEVIN, P.J.

Rosby Davenport, the defendant-appellant, and Lillie Green were convicted of possession of narcotics.1 Davenport was sentenced to serve a term of four to ten years in prison. Green was placed on probation. Davenport appeals.

The jurors were instructed that they could convict Davenport of possessing a narcotic drug if they found that he was in possession of either .26 grams of heroin or 7.3 grams of marijuana which were...

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