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STATE v. SIMPSON

No. 132, September Term, 1988.

318 Md. 194 (1989)

567 A.2d 132

STATE OF MARYLAND v. WARREN I. SIMPSON.

Court of Appeals of Maryland.

December 26, 1989.

Attorney(s) appearing for the Case

Kreg Paul Greer, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for petitioner.

Michael R. Malloy, Asst. Public Defender (Alan H. Murrell, Public Defender, both on brief), Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, BLACKWELL and CHARLES E. ORTH, Jr. (retired), Specially Assigned), JJ.

McAULIFFE, Judge.

Warren I. Simpson was convicted in the Circuit Court for Baltimore City of two counts of possession of a controlled dangerous substance. One count involved possession of heroin, and the other involved possession of cocaine. The evidence was sufficient to prove beyond a reasonable doubt that Simpson possessed one of the two substances. It was not sufficient to prove which one. The State contends that the gravamen of the offense it charged is possession...

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