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VINES v. STATE

No. 83, September Term, 1978.

40 Md. App. 658 (1978)

394 A.2d 809

JASPER VINES, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Arthur A. DeLano, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Diane G. Goldsmith, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Marshall Feldman, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

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

MELVIN, J., delivered the opinion of the Court. MOYLAN, J., concurs and filed a concurring opinion at page 663 infra. LOWE, J., dissents and filed a dissenting opinion at page 667 infra.

On May 13, 1976, the appellant, Jasper Vines, Jr., was found guilty at a jury trial in the Criminal Court of Baltimore of possession of heroin in sufficient quantity to indicate an intent to distribute. He had been charged with that offense as a subsequent offender,...

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