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ELMER v. STATE

[No. 147, September Term, 1964.]

239 Md. 1 (1965)

209 A.2d 776

ELMER v. STATE

Court of Appeals of Maryland.

Decided May 7, 1965.

Attorney(s) appearing for the Case

Donaldson C. Cole, Jr., for appellant.

Roger D. Redden, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, and Walter M. Baker, State's Attorney for Cecil County, on the brief, for appellee.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY and SYBERT and CARTER, C.J., Chief Judge of the Second Judicial Circuit, specially assigned.

SYBERT, J., delivered the opinion of the Court. Dissenting opinion by HAMMOND, J., at page 11, infra.

Sentenced to five years in the House of Correction after being found guilty of assault and battery by a jury in the Circuit Court for Cecil County, John Davidson Elmer appeals.

The State's evidence at the trial tended to show that Elmer had joined with several other young men in beating the complaining witness, a man in his fifties, in the early morning...

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