State v. Brown

Gregory, Justice:

Brown appeals his conviction and sentence of simple possession of marijuana and possession with intent to distribute marijuana. We reverse.

January 18, 1974 at about 1:00 A. M. a Charleston County patrolman, Rogers, in uniform and driving a marked patrol car saw a 1964 Ford Falcon parked on the side of a desolate, rural county road. As he approached the car, its headlights came on, it started up, and proceeded down the road. Residents in the area had requested patrollings due to vandalism, break-ins, and suspicious automobiles in the area at night. Thinking perhaps the car was…