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ALLEN v. STATE

[No. 339, September Term, 1961.]

229 Md. 253 (1962)

182 A.2d 832

ALLEN v. STATE

Court of Appeals of Maryland.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Milton B. Allen, with whom were W. Emerson Brown, Jr., and George L. Russell, Jr., on the brief, for the appellant.

Russell R. Reno, Jr., Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Harrison M. Robertson, Jr., Assistant Attorney General, Saul A. Harris, State's Attorney for Baltimore City, and Abraham L. Adler, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and SYBERT, JJ.

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

The appellant was convicted in the Criminal Court of Baltimore of violating the narcotics law, and, after sentence, has appealed.

The only question involved is whether the heroin admitted, over objection, into evidence by the trial court was obtained by the police officer as the result of an unlawful arrest and seizure.

On September 6, 1961, Officer Marr noticed...

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