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CHEN v. STATE

No. 124, Sept. Term 2001.

803 A.2d 518 (2002)

370 Md. 99

Zi Qiang CHEN v. STATE of Maryland.

Court of Appeals of Maryland.

July 19, 2002.

Attorney(s) appearing for the Case

Amy E. Brennan, Asst. Public Defender (Stephen E. Harris, Public Defender, and Nancy S. Forster, Deputy Public Defender, on brief) Baltimore, for petitioner.

Gary E. Bair, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief) Baltimore, for respondent.

Argued Before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, JJ.

BATTAGLIA, J.

We issued a writ of certiorari in this case to determine whether Maryland Code (1988, 1997 Repl.Vol.) Section 12-305(a) of the Tax-General Article, which prohibits the possession of unstamped cigarettes, contains a penalty provision, and whether a person must intentionally violate a known legal duty in order to be guilty of willfully transporting unstamped cigarettes in violation of Section 13-1015 of the Tax-General Article. We determine that the penalty...

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