Legal Opinion

Rossberg v. State

Court of Appeals of Maryland

Decided November 12, 1909PublishedCited by 76 opinions

Appeal from the Criminal Court of Baltimore City (Harlan, Stockbridge and Niles, JJ.). Whether by design, or otherwise, the State law does not make the mere possession of the drug’ by a person not belonging to the specified classes a crime. The ordinance in question attempted to do this, and also changed the State law in the following particulars: (1) It abolished the distinction between first, second and third offenses.

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Appeal from the Criminal Court of Baltimore City (Harlan, Stockbridge and Niles, JJ.). Whether by design, or otherwise, the State law does not make the mere possession of the drug’ by a person not belonging to the specified classes a crime. The ordinance in question attempted to do this, and also changed the State law in the following particulars: (1) It abolished the distinction between first, second and third offenses. (2) It doubled for the first offense the maximum penalties prescribed by the State law for third and subsequent offenses. (3) It abolished the functions of the State Board of…

1Opinion of the CourtPearce, J.

The appellant, William Rossberg, indicted by the Grand Jury for the City of Baltimore for the violation of an ordinance of the Mayor and Ciy Council of Balimore known as the “Cocaine Ordinance,” approved June 19th, 1908, which prohibits the sale, furnishing, giving away, or having in possession, cocaine and kindred substances, or compounds thereof, except upon certain conditions provided in said ordinance, and which provides certain penalties for its violation. At the time of the passage of this ordinance there was in force a State law, being Chapter 607 of 1904, as amended by Chapter 523 of…

2Cases cited6 opinions

  1. Shafer v. MummaCourt of Appeals of Maryland · 1861
  2. Varden v. MountCourt of Appeals of Kentucky · 1879
  3. Ex parte ShenCalifornia Supreme Court · 1893
  4. State v. LudwigSupreme Court of Minnesota · 1875
  5. Van Buren v. TexarkanaSupreme Court of Arkansas · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by76 opinions

  1. Bourgeois v. Live Nation Entertainment, Inc.District Court, D. Maryland · 2014
  2. Mayor of Annapolis v. Annapolis Waterfront Co.Court of Appeals of Maryland · 1979
  3. County Council v. Investors Funding Corp.Court of Appeals of Maryland · 1973
  4. Mayor of Baltimore v. SitnickCourt of Appeals of Maryland · 1969
  5. Benner v. TribbittCourt of Appeals of Maryland · 1948

71 more not listed; retrieve them via the Exa API.

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