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TUCKER v. STATE

[No. 473, September Term, 1965.]

244 Md. 488 (1966)

224 A.2d 111

TUCKER v. STATE

Court of Appeals of Maryland.

Certiorari denied April 24, 1967.

Attorney(s) appearing for the Case

Milton B. Allen, with whom were George L. Russell, Jr., and Brown, Allen & Russell on the brief, for the appellant.

Donald Needle, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Bernard Silbert, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, OPPENHEIMER and McWILLIAMS, JJ.

Certiorari denied, Supreme Court of the United States, April 24, 1967.

McWILLIAMS, J., delivered the opinion of the Court.

The trial judge (Foster, J. without a jury), having convicted appellant (Tucker) of possessing heroin, sentenced him to five years in the Maryland Penitentiary. In this appeal Tucker's principal contention is that the heroin which clinched his conviction was seized under a defective search warrant.

On 16 September 1965 Sergeant...

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