BARNES, J., delivered the opinion of the Court.
The appellee, Morris Sedacca, was convicted in the Circuit Court for Harford County (DYER, J.), without a jury, of transportation and possession of untaxed cigarettes in violation of Code (1957), Article 81, Section 455. Sedacca raised three defenses in the trial court, i.e., (1) that the statute was unconstitutional on its face, (2) that the statute was unconstitutional as applied to him in the pending case,...
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