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CORNISH v. STATE

No. 23, September Term, 1968.

6 Md. App. 167 (1969)

251 A.2d 23

WILLIAM J. CORNISH AND GEORGE GILMAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 4, 1969.

Attorney(s) appearing for the Case

Marshall A. Levin, with whom were Edelman, Levin, Levy, and Rubenstein on the brief, for appellants.

H. Edgar Lentz, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Robert S. Fertitta, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

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

MURPHY, C.J., delivered the opinion of the Court.

Appellants were convicted by the court sitting without a jury of the misdemeanor of unlawfully possessing unstamped (untaxed) cigarettes in violation of Maryland Code, Article 81, Section 438, and each was sentenced to one year under the jurisdiction of the Department of Correction, the sentences being suspended upon payment by each appellant of a $1,000.00 fine. The appellants contend on this appeal that as they were...

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