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YOPPS v. STATE

[No. 212, September Term, 1961.]

228 Md. 204 (1962)

178 A.2d 879

YOPPS v. STATE

Court of Appeals of Maryland.

Decided March 23, 1962.

Attorney(s) appearing for the Case

Norman N. Yankellow, with whom was Joseph Rosenthal on the brief, for the appellant.

John J. Schuchman, Special Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Joseph D. Buscher, Special Assistant Attorney General, Saul A. Harris, State's Attorney for Baltimore City, and Charles E. Moylan, Jr., Assistant State's Attorney, on the brief, for the appellee.

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

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

The appellant, Arnold Yopps, was indicted for burglary. He entered a plea of not guilty and was tried before the court without a jury, Judge Joseph L. Carter presiding. He was found guilty and sentenced to serve ten years in the Maryland Penitentiary.

On this appeal from the judgment and sentence he presents the sole question, did the trial court commit prejudicial error

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