Leave to appeal applied for.
T.M. BURNS, P.J.
The defendant, Ervin Lumpkin, was convicted in a nonjury trial on April 17, 1973, of the offense of possession of heroin contrary to the provision of MCLA 335.341(4)(a); MSA 18.1070(41)(4)(a). On June 4, 1973, defendant was sentenced to a term of 16 months to 4 years in prison, with appropriate credit for time already spent in jail. Defendant now appeals as of right.
In the early morning hours of August...
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