Leave to appeal granted, 396 Mich. 842.
QUINN, P.J.
August 15, 1973 defendant was charged with possession and use of heroin contrary to MCLA 335.341(4)(a); MSA 18.1070(41)(4)(a) and MCLA 335.341(5)(a); MSA 18.1070(5)(a). Preliminary
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