EISENSTEIN v. STATE

[No. 6, October Term, 1952.]

200 Md. 593 (1952)

92 A.2d 739

EISENSTEIN v. STATE

Court of Appeals of Maryland.

Motion for rehearing and stay of proceedings, filed December 6, 1952.

Denied and opinion modified December 12, 1952.


Attorney(s) appearing for the Case

William J. O'Donnell, with whom was Albert A. Levin on the brief, for the appellant.

Kenneth C. Proctor, Assistant Attorney General, with whom was Hall Hammond, Attorney General, Anselm Sodaro, State's Attorney for Baltimore City, and William C. Rogers, Jr., Assistant State's Attorney, on the brief, for the appellee.

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


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

This is an appeal from a judgment entered on a verdict, rendered by a jury, finding the appellant guilty of having in his possession lottery paraphernalia.

This lottery paraphernalia was obtained by the officers from the person of the appellant without a search warrant. The appellant claims that the court erred in refusing to permit the appellant to become a witness in his own behalf, out of the presence of...

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