STATE v. CICCARELLI

Nos. 1422, 1423, September Term, 1982.

55 Md. App. 150 (1983)

461 A.2d 550

STATE OF MARYLAND v. MICHAEL JAMES CICCARELLI. STATE OF MARYLAND v. HARRY JOSEPH WINTER.

Court of Special Appeals of Maryland.

Decided June 13, 1983.


Attorney(s) appearing for the Case

Valerie Cloutier, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Alexander L. Cummings, Assistant Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Robert C. Bonsib, Assistant State's Attorney for Prince George's County, on the brief, for appellant.

Gary Christopher, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee Ciccarelli. Steven G. Chappelle, with whom was Joseph F. Vallario, Jr., on the brief, for appellee Winter.

The cause was argued before GILBERT, C.J., and WILNER and GETTY, JJ.


GILBERT, C.J., delivered the opinion of the Court.

The State asks that we hold the Circuit Court for Prince George's County erred in dismissing an indictment that charges Michael James Ciccarelli and Harry Joseph Winter with violation of the Maryland Controlled Dangerous Substances Act. Embraced within the State's request are two major questions, videlicet: 1) Is Md. Ann. Code art. 27, § 278 (c) an unconstitutional...

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