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ROSS v. STATE

No. 114, September Term, 1974.

24 Md. App. 246 (1975)

330 A.2d 507

DAVID ROSS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 13, 1975.

Attorney(s) appearing for the Case

John M. Morse, Assigned Public Defender, for appellant.

George A. Eichhorn, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, James L. Bundy, Assistant Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Frank A. Sauer, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MORTON, GILBERT and MOORE, JJ.

GILBERT, J., delivered the opinion of the Court. MOORE, J., dissents and filed a dissenting opinion at page 260 infra.

The appellant, David Ross, and a codefendant, Clarence Johnson Marable, were jointly tried under separate indictments charging them with unlawful distribution of heroin, with possession and with conspiracy. A jury in the Criminal Court of Baltimore, presided over by Judge J. William Hinkel, convicted appellant of unlawful distribution. The...

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