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GARDNER v. STATE

No. 1159, September Term, 1975.

32 Md. App. 629 (1976)

363 A.2d 616

ROGER ROBERT GARDNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 15, 1976.

Attorney(s) appearing for the Case

Daniel W. Moylan, with whom were Edwin F. Nikirk and George S. Morgan on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Gilbert Rosenthal, Assistant Attorney General, and Robert S. Rothenhoefer, State's Attorney for Frederick County, on the brief, for appellee.

The cause was argued before ROBERT C. MURPHY, Chief Judge of the Court of Appeals, ROBERT E. CLAPP, JR., Associate Judge of the Sixth Judicial Circuit, and ROBERT L. KARWACKI, Associate Judge of the Eighth Judicial Circuit, all specially assigned.

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

The Appellant seeks reversal of his conviction of possession of marijuana with intent to distribute by the Circuit Court for Frederick County (Samuel W. Barrick, J.) on September 3, 1975 for which he was sentenced to five years under the jurisdiction of the Division of Correction and fined $10,000. The sole issue which he raises on this appeal is the propriety of the trial court's denial of his pretrial motion to suppress...

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