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STATE v. GWINN

301 A.2d 291 (1972)

STATE of Delaware, Plaintiff Below, Appellant, v. Joseph W. GWINN and Eduardo Castro, Defendants Below, Appellees.

Supreme Court of Delaware.

On Motion for Reargument January 30, 1973.

Attorney(s) appearing for the Case

Richard S. Gebelein, Deputy Atty. Gen., Wilmington, for plaintiff below, appellant.

Alfred J. Lindh and Arlen B. Mekler, Asst. Public Defenders, Wilmington, for defendants below, appellees.

Before WOLCOTT, Chief Justice, and CAREY and HERRMANN, Associate Justices.

HERRMANN, Justice:

This appeal by the State has been granted under 10 Del.C. § 9903, permitting the review of important questions of law upon the State's application for the governance of future cases.

The case from which the appeal arises involved a charge of possession of marijuana with intent to sell (16 Del.C. § 4724). The Superior Court granted the defendants' motion for suppression of the evidence...

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