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KARES v. STATE

[No. 132, September Term, 1957.]

215 Md. 396 (1958)

137 A.2d 712

KARES v. STATE

Court of Appeals of Maryland.

Decided January 22, 1958.

Attorney(s) appearing for the Case

Submitted on brief by Gordon H. Levy, for appellant.

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

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

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

In a jury trial in the Criminal Court of Baltimore, the appellant was found guilty on the first and second counts of an indictment, and sentenced to two years in the House of Correction. The only question raised on this appeal is whether the court erred in denying a motion before trial to dismiss the first count, which charged the unlawful breaking and entering of a dwelling house with intent to commit a felony. The...

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