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ERB v. STATE

333 A.2d 709 (1975)

Jack D. ERB, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided February 24, 1975.

Attorney(s) appearing for the Case

Arlen B. Mekler, Assistant Public Defender, Wilmington, for defendant below, appellant.

Jeffrey M. Weiner, Acting State Prosecutor, Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

PER CURIAM:

In this drug and drug-paraphernalia possession case, the defendant was a co-tenant and co-occupier with two others of the apartment in which the contraband was found. By reason of such co-tenancy, the defendant contends that the rebuttable presumption of possession, which attaches to a lone tenant and occupier of residential premises, Marvel v. State, Del.Supr., 290 A.2d 641 (1972), does not apply to him.

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