State v. Bullard

The defendant, Aimer Bullard, appeals from a conviction for the unlawful sale of narcotic drugs.

The record shows that the defendant sold a package of heroin hydrochloride to a federal narcotics agent in Omaha, Nebraska, on September 11,1969. The defendant admitted the sale but testified that the package con tained sugar instead of heroin. The State’s evidence if believed was clearly sufficient to sustain the conviction.

The defendant contends that there was a fatal variance in that the information charged a sale of heroin but the evidence showed a sale of heroin hydrochloride. The contention…