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PERRY v. STATE

303 A.2d 658 (1973)

Donald Allan PERRY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Petition for Rehearing Denied February 9, 1973.

Attorney(s) appearing for the Case

George Tyler Coulson, Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant below, appellant.

Mason E. Turner, Jr., Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice:

This is an appeal from a jury conviction of unlawful possession of a dangerous drug (marijuana) with intent to sell, 16 Del.C. § 4724.

In 1969, appellant harvested wild marijuana which was growing on his property. He "manicured" or refined the marijuana to a state where it was suitable for use as a dangerous drug in violation of 16 Del.C. §§ 4701, 4702. He placed the marijuana in a duffel...

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