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FREY v. STATE

No. 83, September Term, 1967.

3 Md. App. 38 (1968)

237 A.2d 774

WILLIAM RANDOLPH FREY AND GEORGE EDWARD PEYTON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 31, 1968.

Attorney(s) appearing for the Case

Claude A. Hanley for appellant Frey and Nelson W. Gatton for appellant Peyton.

William E. Brannan, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Samuel A. Green, Jr., State's Attorney for Baltimore County, L. Robert Evans, Deputy State's Attorney for Baltimore County, and Charles E. Foos, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

MURPHY, C.J., delivered the opinion of the Court.

The appellants, William Frey and George Peyton, together with a co-defendant, James Peyton, were jointly indicted under two separate indictments, charging (together with allied counts) (a) breaking the dwelling of Louis J. Barry on March 22, 1966 with intent to steal, and (b) breaking the storehouse of Everett Smith on April 7, 1966 with intent to steal. The court, sitting without a jury, (Maguire, J. in the Circuit...

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