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ELLIOTT v. STATE

[No. 84, September Term, 1957.]

215 Md. 152 (1957)

137 A.2d 130

ELLIOTT v. STATE

Court of Appeals of Maryland.

Decided December 19, 1957.

Attorney(s) appearing for the Case

Dallas F. Nicholas, for appellant.

Theodore C. Waters, Jr., Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, J. Harold Grady, State's Attorney for Baltimore City, and James F. Price, Executive Assistant State's Attorney, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT, and HORNEY, JJ.

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

John Wesley Elliott, (the defendant), was indicted by the Grand Jury of Baltimore City on November 8, 1956, for the murder of Lindsay Calhoun, (the deceased), on September 12, 1956. He entered a plea of not guilty. At a trial on March 13, 1957, by the Criminal Court of Baltimore (Tucker and Cullen, JJ.), sitting without a jury, he was found guilty of murder in the first degree...

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