WILEY v. STATE

[No. 173, September Term, 1964.]

237 Md. 560 (1965)

207 A.2d 478

WILEY v. STATE

Court of Appeals of Maryland.

Decided March 2, 1965.


Attorney(s) appearing for the Case

Harvey N. Zimmerman for appellant.

Carville M. Downes, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Charles E. Moylan, Jr. and Stanley A. Cohen, State's Attorney and Assistant State's Attorney, respectively, for Baltimore City, on the brief, for appellee.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY and OPPENHEIMER, JJ.


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

The appellant Wiley seeks to reverse his convictions on charges of attempting to break into a real estate office with intent to steal goods and monies therein, and of being a rogue and vagabond, on the grounds that the trial judge erred in his charge to the jury, (a) in not instructing that if Wiley "* * * had attempted to break and enter the premises but prior to his entry...

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