STATE v. BROWN

20276

267 S.C. 311 (1976)

227 S.E.2d 674

The STATE, Respondent, v. Charles E. BROWN, Jr., Appellant.

Supreme Court of South Carolina.

August 18, 1976.


Attorney(s) appearing for the Case

Messrs. Arthur G. Howe and Barry Krell, of Uricchio, Howe & Krell, and Ray P. McClain, of Epstein, McClain & Derfner, Charleston, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., Joseph R. Barker, Asst. Gen., and Perry M. Buckner, Staff Atty., of Columbia, and Robert B. Wallace, Sol., of Charleston, for Respondent.

Messrs. Arthur G. Howe and Barry Krell, of Uricchio, Howe & Krell, and Ray P. McClain, of Epstein, McClain & Derfner, Charleston, for Appellant, in Reply.


Aug. 18, 1976.

GREGORY, Justice:

Brown appeals his conviction and sentence of simple possession of marijuana and possession with intent to distribute marijuana. We reverse.

January 18, 1974 at about 1:00 A.M. a Charleston County patrolman, Rogers, in uniform and driving a marked patrol car saw a 1964 Ford Falcon parked on the side of a desolate, rural county road. As he approached the car, its headlights came on, it started up, and proceeded down the...

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