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HUBER v. STATE

No. 184, Initial Term, 1967.

2 Md. App. 245 (1967)

234 A.2d 264

PAUL E. HUBER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 20, 1967.

Attorney(s) appearing for the Case

Elsbeth Levy Bothe for appellant.

S. Leonard Rottman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Richard J. Kinlein, State's Attorney for Howard County, on the brief, for appellee.

The cause was argued before ANDERSON, MORTON, ORTH, and THOMPSON, JJ., and RUSSELL, J., Associate Judge of the Eighth Judicial Circuit, specially assigned.

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

Paul E. Huber was indicted by the Grand Jury of Baltimore City for kidnapping and rape. Upon request by the Appellant, the case was removed to the Circuit Court for Howard County. A Motion to Dismiss the first count of the rape indictment was granted, and the other indictments were consolidated and tried before a jury. The Appellant was convicted of common-law assault and kidnapping on May 25, 1966. After a Motion For...

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