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NICKENS v. STATE

No. 353, September Term, 1972.

17 Md. App. 284 (1973)

301 A.2d 49

JOSEPH AVON NICKENS, JR. AND WILLIAM ARTHUR RHODES v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 9, 1973.

Attorney(s) appearing for the Case

Gerald A. Kroop for appellants.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, David B. Allen, Assistant Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Phillip Epstein, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, C.J., and POWERS, J., and WILLIAM M. CAVE, Associate Judge of the District Court of Maryland for District 6 and ROBERT J. WOODS, Associate Judge of the District Court of Maryland for District 5, specially assigned.

CAVE, J., delivered the opinion of the Court.

On February 25, 1972, Appellants William Arthur Rhodes and Joseph Avon Nickens, Jr., were tried, along with two other defendants in the Criminal Court of Baltimore, by Judge David Ross. Appellant Rhodes was convicted of possession of heroin with intent to distribute and sentenced to fifteen (15) years imprisonment; two counts of possession of controlled paraphernalia for which he received four (4) years on each count to...

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