BRACEY v. STATE

No. 262, September Term, 1967.

4 Md. App. 562 (1968)

244 A.2d 470

THEODORE R. BRACEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 23, 1968.


Attorney(s) appearing for the Case

G. Denmead LeViness, with whom were Nelson R. Kandel and Stuart E. Hirsch on the brief, for appellant.

Fred Oken, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Leroy W. Carroll and Stephen Montenarelli, Assistant State's Attorneys for Baltimore City, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.


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

The appellant was indicted for possession, 1st count, and control, 2nd count, of heroin and by an addendum to the indictment was warned that the State intended to prosecute him for the offenses as a second offender, it having evidence that he had been formerly convicted of violation of the narcotic laws. He elected a court trial on the offenses for which he was indicted and...

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