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HOLTZ v. STATE

No. 164, Initial Term, 1967.

1 Md. App. 358 (1967)

230 A.2d 117

MERLIN CARL HOLTZ v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 1, 1967.

Attorney(s) appearing for the Case

John J. Mitchell, with whom was Joseph Montedonico, Jr., on the brief, for appellant.

Louis E. Schmidt, Special Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Vincent J. Femia, Assistant State's Attorney for Prince George's 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.

PER CURIAM:

Merlin Carl Holtz, the appellant, complains of a conviction for kidnapping because (1) the trial was held between the hours of 8:00 P.M. and 11:00 P.M. on May 11, 1966, and (2) at the conclusion of the charge, the State's Attorney abandoned the assault and battery count in the indictment which constituted an essential ingredient of the kidnapping. In view of the questions raised it is unnecessary to detail the...

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