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ROSS v. STATE

[No. 27, September Term, 1975.]

276 Md. 664 (1976)

350 A.2d 680

ROSS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided January 12, 1976.

Attorney(s) appearing for the Case

John F. Fader and John M. Morse for appellant.

Bernard A. Raum, 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 MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

LEVINE, J., delivered the opinion of the Court. SMITH and O'DONNELL, JJ., dissent and SMITH, J., filed a dissenting opinion in which O'DONNELL, J., concurs at page 675 infra.

This appeal stems from a conviction in the Criminal Court of Baltimore where a jury found appellant guilty of the crime of unlawfully possessing heroin with intent to distribute the same. Following affirmance of the conviction by the Court of Special Appeals in Ross v. State,

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