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KOLPER v. STATE

[No. 407, September Term, 1964.]

240 Md. 139 (1965)

KOLPER v. STATE

Court of Appeals of Maryland.

Motion for rehearing filed November 5, 1965.

Opinion withdrawn and case remanded for further proceedings January 4, 1966.

Attorney(s) appearing for the Case

Submitted by Francis J. Meagher for appellant.

Submitted by Thomas B. Finan, Attorney General, Donald H. Noren, Special Attorney, Charles E. Moylan, Jr. and John Hackett, State's Attorney and Assistant State's Attorney, respectively, for Baltimore City, for appellee.

The cause was submitted on the brief to PRESCOTT, C.J., and HAMMOND, MARBURY, OPPENHEIMER and BARNES, JJ.

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

Gordon Louis Dorer, the proprietor and operator of the Angle Inn located at 5805 O'Donnell Street, Baltimore, securely locked the premises at approximately 1:30 A.M. on the morning of August 10, 1964. Upon being summoned by the police, he returned to the premises at approximately 5:00 A.M. that same morning. Upon his arrival, he found that the window in the front door had been broken, the door opened and the cigarette...

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