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SPENCER v. STATE

No. 129, Initial Term, 1967.

1 Md. App. 264 (1967)

229 A.2d 151

DALLAS LEE SPENCER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 9, 1967.

Attorney(s) appearing for the Case

Benjamin L. Brown for appellant.

S. Leonard Rottman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Charles E. Moylan, Jr., State's Attorney for Baltimore City, on the brief, for appellee.

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

ORTH, J., delivered the majority opinion of the Court. THOMPSON and MENCHINE, JJ., dissent. Dissenting opinion by MENCHINE, J., in which THOMPSON, J., concurs, at page 269, infra.

Appellant was convicted of assault with attempt to rob on April 11, 1966 in the Criminal Court of Baltimore, Judge Joseph R. Byrnes presiding, without a jury, and was sentenced to imprisonment for a term of two years. This appeal from that judgment raises as the only contention that...

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