CARPENTER v. STATE

[No. 154, October Term, 1951.]

200 Md. 31 (1952)

88 A.2d 180

CARPENTER v. STATE

Court of Appeals of Maryland.

Decided April 4, 1952.


Attorney(s) appearing for the Case

D.K. McLaughlin, with whom was Francis H. Urner, on the brief, for appellant.

Kenneth C. Proctor, Assistant Attorney General, with whom were Hall Hammond, Attorney General, and John S. Hollyday, State's Attorney for Washington County, 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.

Carpenter was convicted of bookmaking by Judge Mish, sitting without a jury, in the Circuit Court for Washington County, and sentenced to serve nine months in jail and pay a fine of $1,000. The appeal attacks the search warrant under which evidence against him was obtained on two grounds, that it was fatally defective in form, and not issued upon a showing of probable cause.

The alleged defect in the warrant...

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