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DOUGHERTY v. STATE

310 A.2d 634 (1973)

William DOUGHERTY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

July 10, 1973.

Attorney(s) appearing for the Case

Angelo Falasca, Asst. Public Defender, Wilmington, for defendant below, appellant.

Joseph A. Hurley, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before CAREY and HERRMANN, JJ., and BROWN, Vice Chancellor.

PER CURIAM:

This appeal involves a pre-arrest pat-down search for concealed weapons. The police officer found a pipe and a vial containing marijuana in the defendant's pockets. The defendant was convicted of possession of the drug. 16 Del.C. § 4722.

The appeal is addressed to the propriety of the search under the Fourth Amendment. Both the State and the defendant rely upon Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L...

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