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JOHNSON v. STATE

Nos. 573, 575, September Term, 1975.

30 Md. App. 280 (1976)

352 A.2d 349

BESSIE LOUISE JOHNSON v. STATE OF MARYLAND. OSCIE WALKER JOHNSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Theodore A. Miller and David L. Prestemon for appellants.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Steven A. Shaw, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MORTON, GILBERT and LOWE, JJ.

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

"The precise question in this case, then, is what must the prosecution prove to demonstrate that a consent was `voluntarily' given." Schneckloth v. Bustamonte, 412 U.S. 218, 223.

Oscie Walker Johnson and his wife, Bessie Louise Johnson, were convicted by a jury of the Circuit Court for Montgomery County of possession of heroin in an amount sufficient to indicate an intent...

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