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STATE v. ALLEY

263 A.2d 66 (1970)

STATE of Maine v. Howard V. ALLEY.

Supreme Judicial Court of Maine.

March 12, 1970.

Attorney(s) appearing for the Case

Douglas B. Chapman, County Atty., Ellsworth, Nicholas S. Strater, Asst. Atty. Gen., Augusta, as amicus curiae for plaintiff.

Smith, Elliott & Wood by George F. Wood, Saco, for defendant.

Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, WEATHERBEE, and POMEROY, JJ.

MARDEN, Justice.

On appeal from the denial of a motion to dismiss an indictment charging appellant with unlawful possession of a certain narcotic drug.

The proscription appears in 22 M.R.S.A. § 2362, which reads:

"It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense or compound any narcotic drug, except as authorized in this chapter."

Section 2361, subsection 15 in...

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