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BUTLER v. STATE

No. 249, September Term, 1973.

19 Md. App. 601 (1974)

313 A.2d 554

NATHANIEL BUTLER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 4, 1974.

Attorney(s) appearing for the Case

Stephen L. Snyder for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Bernard Kole, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, MENCHINE and DAVIDSON, JJ.

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

In a jury trial in the Criminal Court of Baltimore, Nathaniel Butler was convicted of unlawful possession of heroin in sufficient quantity reasonably to indicate an intent to distribute the same. (Art. 27, § 286 (a)(1)) Appellant thereafter was found guilty by the court (after waiver of a jury trial) under an addendum to the indictment as to which he had been found guilty by the jury. He was sentenced to a

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