LUSBY v. STATE

[No. 265, September Term, 1957.]

217 Md. 191 (1958)

141 A.2d 893

LUSBY v. STATE

Court of Appeals of Maryland.

Decided May 26, 1958.


Attorney(s) appearing for the Case

Joseph A. DePaul and Ignatius J. Keane, with whom was Joseph G. Lindamood, Jr., on the brief, for appellant.

Joseph S. Kaufman, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, and Blair H. Smith, State's Attorney for Prince George's County, 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.

Oden C. Lusby (the defendant) was convicted of incest in the Circuit Court for Prince George's County by a jury. He appealed, assigning as error the refusal of the trial court to declare a mistrial, the ruling on the sufficiency of the evidence pertaining to parentage, the denial of the defendant's motion for a directed verdict, and the misconduct of the prosecuting attorney.

The seventeen year old prosecuting...

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