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SAMSON v. STATE

No. 975, September Term, 1974.

27 Md. App. 326 (1975)

341 A.2d 817

PAUL SAMSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 30, 1975.

Attorney(s) appearing for the Case

Leonard A. Briscoe, Assigned Public Defender, for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Richard R. Cooper, State's Attorney for Kent County, and Basil Wadkovsky, Deputy State's Attorney for Kent County, on the brief, for appellee.

The cause was argued before POWERS, LOWE and MASON, JJ.

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

Paul Samson was convicted in the Circuit Court for Kent County of distributing, and conspiracy to distribute, a controlled dangerous substance of the "Schedule III" variety. The "substance," identified as phendimetrazine, was not listed in the statute, Md. Code, Art. 27, Sec. 279 (c) as subject to the distribution proscription in Sec. 286 (a) (1). The jury was told by the State's Attorney in opening statement that "The...

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