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STATE v. JACOBS

[No. 493, September Term, 1965.]

242 Md. 538 (1966)

219 A.2d 836

STATE v. JACOBS

Court of Appeals of Maryland.

Decided May 26, 1966.

Attorney(s) appearing for the Case

David T. Mason, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Charles E. Moylan, Jr. and Robert V. Lazzaro, State's Attorney and Assistant State's Attorney, respectively, for Baltimore City on the brief, for appellant.

Stanley Paul, with whom were Morton H. Perry and Louis J. Glick on the brief, for appellee.

The cause was argued before HAMMOND, HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

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

The State has appealed an order of the court below granting the appellee, James Jacobs, post conviction relief after a previous denial from which the appellee had filed application for leave to appeal.

On January 13, 1961, Jacobs was convicted by Judge Joseph L. Carter, sitting without a jury in the Criminal Court of Baltimore, for violating the narcotics laws and for being a second offender. He was sentenced...

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