UNITED STATES v. MOSER

Nos. 74-1635 and 74-1638.

509 F.2d 1089 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Ronnie MOSER and Carl Mullins, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 1975.


Attorney(s) appearing for the Case

Howard S. Grimm, Jr., Auburn, Ind., Belle T. Choate, Indianapolis, Ind., for defendants-appellants.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., for plaintiff-appellee.

Before FAIRCHILD and TONE, Circuit Judges, and PERRY, Senior District Judge.


TONE, Circuit Judge.

Defendants were convicted in a trial before a jury of unlawful possession with intent to distribute lysergic acid diethylamide, commonly known as LSD. They argue that there is a variance between the indictment and the proof, or alternatively an insufficiency in the evidence, because although the indictment charges and the evidence shows that they possessed and distributed LSD, the evidence also shows that they described the material only as psilocybin...

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