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James Malloy v. State Delaware

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eBook details

  • Title: James Malloy v. State Delaware
  • Author : Supreme Court of Delaware
  • Release Date : January 29, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Following a non-jury trial in Superior Court, James Malloy appeals his convictions of possession of hashish with intent to deliver (16 Del.C. § 4752) and possession of marijuana [16 Del.C. § 4754(b)]. 1 He contends that probable cause did not exist for the police to stop his car and conduct the search which led to discovery of a large quantity of drugs. Moreover, Malloy argues that despite the amount of drugs found in his vehicle, this cannot serve as a predicate for his conviction of possession with an intent to deliver. Finally, and as an apparent afterthought, he suggests that the grand jury's indictment was defective in its failure to repeat within the body of one count the introductory statements of the indictment that Malloy was charged with intent to deliver hashish. We have reviewed each of these contentions, find them without merit, and affirm. I.


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