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STATE v. CHERRY

[No. 83, September Term, 1960.]

224 Md. 144 (1961)

167 A.2d 328

STATE v. CHERRY

Court of Appeals of Maryland.

Decided January 17, 1961.

Attorney(s) appearing for the Case

Clayton A. Dietrich, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Saul A. Harris and Howard G. Reamer, State's Attorney and Assistant State's Attorney of Baltimore City, respectively, on the brief, for appellant.

No brief and no appearance for appellee.

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

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

The appellee, John C. Cherry, was indicted by the Grand Jury for the City of Baltimore, December 9, 1959, on two counts under Code (1957), Article 27, Section 558. The first count avers that the appellee was a common thief on December 1, 1959, and the second charges that he was a common thief on December 1, 1959, and has continued to be a common thief until the return of the...

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