KELLY v. STATE

No. 655, September Term, 1972.

18 Md. App. 145 (1973)

305 A.2d 195

MICHAEL JOSEPH KELLY, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 8, 1973.


Attorney(s) appearing for the Case

E. Thomas Maxwell, Jr., for appellant.

Harry A.E. Taylor, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Raymond Thieme, State's Attorney for Anne Arundel County, Frank Weathersbee, Gerald Anders and Lynn Kromminga, Assistant State's Attorneys for Anne Arundel County, on the brief, for appellee.

The cause was argued before ORTH, C.J., and MORTON and GILBERT, JJ.


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

Everyone agreed that MICHAEL JOSEPH KELLY, JR. was simply unlucky. One of the arresting officers said so in barracks room language. His defense counsel made the point in arguing that he be acquitted. The trial judge so stated in convicting him. There was no element of luck, however, in the unlawful possession by Kelly of some 43 pounds of marihuana, and smaller quantities...

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