WALLER v. STATE

[No. 165, September Term, 1964.]

237 Md. 426 (1965)

206 A.2d 701

WALLER v. STATE

Court of Appeals of Maryland.

Decided February 4, 1965.


Attorney(s) appearing for the Case

Submitted on brief by W. Emerson Brown, Jr., Llewellyn W. Woolford and Brown, Allen, Murphy & Russell for the appellant.

Submitted on brief by Thomas B. Finan, Attorney General, Loring E. Hawes, Assistant Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Edward G. Wyatt, Assistant State's Attorney, for the appellee.

The cause was submitted to PRESCOTT, C.J., and HAMMOND, HORNEY and SYBERT, JJ., and KEATING, J., Associate Judge of the Second Judicial Circuit, specially assigned.


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

The appellant was convicted by the Municipal Court of Baltimore City of an assault and battery (herein called "first") on a sleeping female patient after he had entered a hospital at an early morning hour under the pretense of locating the accident room and was sentenced to a term of three years. On appeal to the Criminal Court of Baltimore, this charge was tried de novo jointly with a similar offense under an...

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