STATE v. FEARING

No. 121, September Term, 1975.

30 Md. App. 134 (1976)

351 A.2d 896

STATE OF MARYLAND v. WILLIAM FEARING, ALBERT HERRMANN, STEPHEN LAI, JOHN DUER MOORES, JONAS COHEN, HUMBERTO CERTEZA AND MELVIN F. POLEK.

Court of Special Appeals of Maryland.

Decided January 30, 1976.


Attorney(s) appearing for the Case

Albert Gallatin Warfield, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Richard Cremin, Assistant State's Attorney for Baltimore City on the brief, for appellant.

Alan I. Baron for appellee Jonas Cohen. Read K. McCaffrey, with whom were George D. Solter and Whiteford, Taylor, Preston, Trimble & Johnson on the brief, for appellee John Duer Moores. Russell Smouse for appellee Stephen Lai. Submitted on brief by Edwin M. Henry, Jr. and Preston A. Pairo, Jr., for appellee William Fearing. George J. Helinski for appellee Melvin F. Polek. Peter G. Angelos for appellee Humberto Certeza. Alvin Solomon and Victor W. Fuentealba for appellee Albert Herrmann.

The cause was argued before MOYLAN, MENCHINE and LOWE, JJ.


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

This case involves an interpretation of the Controlled Dangerous Substances Act, which was modeled on and taken virtually verbatim from the proposed draft of the Federal Controlled Substances Act1 and made a part of Maryland law by virtue of Chapter 403 of the Acts of 1970, which became effective on July 1, 1970. The appellees William Fearing, Albert Herrmann, Stephen Lai, John Duer Moores...

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