People v. Eineder

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 to apply.

*271In People v. Ryan (1968), 11 Mich App 559, this Court resolved defendant’s argument by holding that the statutory crimes are distinct. The prosecutor…