This section contains the nature of the case and procedural background.

Police went to an apartment with a search warrant. Banks, 'occupant and tenant of the premises,' opened the door. One of the officers went into the kitchen. D was seated at the kitchen table on which was a brown envelope, which contain marijuana, and a partly smoked, unlighted cigarette, also found later to contain marijuana. D was arrested. D claimed he had 'arrived a few minutes before the police.' D was indicted under a law that made it illegal to be present where a narcotic drug was illegally kept or deposited. D moved for dismissal of the indictment 'because the charge is unconstitutionally vague and indefinite, and because it inflicts cruel and unusual punishment.' This motion and a motion for a directed verdict of not guilty were denied. This appeal resulted.

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