CURRERI v. STATE

[No. 61, October Term, 1951.]

199 Md. 54 (1951)

85 A.2d 454

CURRERI v. STATE

Court of Appeals of Maryland.

Decided January 10, 1951.


Attorney(s) appearing for the Case

Reuben Raport, with whom was Elliott W. Deane, on the brief, for appellant.

Kenneth C. Proctor, Assistant Attorney General, with who were Hall Hammond, Attorney General, Anselm Sodaro, State's Attorney for Baltimore City, and Charles E. Orth, Jr., Assistant State's Attorney, on the brief, for appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.


HENDERSON, J., delivered the opinion of the Court.

Joseph Curreri was tried and convicted of bookmaking in Baltimore City in the rear of 3057 West North Avenue, at its intersection with Rosedale Street. Sergeant Mcenna, with other officers, went there on April 6, 1951, armed with a search warrant which was subsequently ruled invalid by the trial court. He testified that on the Rosedale Street side there is an outdoor fruit stand covered by an awning; behind the stand...

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