WHITMAN v. STATE

No. 333, September Term, 1974.

25 Md. App. 428 (1975)

336 A.2d 515

DANNIE LEE WHITMAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 3, 1975.


Attorney(s) appearing for the Case

James D. McCarthy, Jr., with whom was Frank R. Weathersbee on the brief, for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Francis B. Burch, Attorney General and Robert D. Horsey, State's Attorney for Somerset County, on the brief, for appellee.

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


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

The primary question on this appeal is whether appellant, Dannie Lee Whitman, who had been the subject of an arrest without probable cause, thereafter consented voluntarily to a search of his truck in which was found an illicit cargo of 9,156 cartons of cigarettes, in transit from North Carolina to New York.

The appeal was taken from a judgment of conviction upon a criminal information in the Circuit Court for...

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