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EVERHART v. STATE

[No. 44, September Term, 1974.]

274 Md. 459 (1975)

337 A.2d 100

EVERHART v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided April 14, 1975.

Attorney(s) appearing for the Case

Fred R. Joseph, with whom were Feissner, Kaplan, Smith, Joseph, Greenwald & Laake and William R. Leckemby, Jr., Public Defender for Frederick County, on the brief, for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

O'DONNELL, J., delivered the opinion of the Court.

The petitioner, Michael Ashton Everhart, the lessee of a farmhouse upon the Nathan Doody farm, upon his trial in the Circuit Court for Frederick County was found guilty by a jury (Judge Samuel W. Barrick presiding) of "maintaining a common nuisance" in violation of Maryland Code (1957, 1971 Repl. Vol.) Art. 27, § 286 (a)(5).1 He also was convicted of possession of a controlled dangerous...

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