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OBERLIN v. STATE

No. 457, September Term, 1969.

9 Md. App. 426 (1970)

265 A.2d 275

DARRELL CRAIG OBERLIN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 8, 1970.

Attorney(s) appearing for the Case

Raymond W. Russell for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Linthicum, State's Attorney for Montgomery County, and Barry H. Helfand, Assistant State's Attorney for Montgomery County, 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.

On October 11, 1968 appellant was charged in a two count indictment with unlawfully possessing and controlling marihuana in violation of Maryland Code, Article 27, Section 277.1 On April 14, 1969, the court sitting without a jury found him guilty of unlawful possession, the State earlier having abandoned the count charging control.

On July 3, 1969 appellant — a first offender...

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