MALLOY v. STATE

No. 299, September Term, 1967.

4 Md. App. 420 (1968)

243 A.2d 649

JOHN ARCHIE MALLOY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 21, 1968.


Attorney(s) appearing for the Case

John W. Mitchell for appellant.

H. Edgar Lentz, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and John J. Garrity, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was submitted to MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.


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

John Archie Malloy, the appellant, was convicted of petty larceny in a jury trial in the Circuit Court for Prince George's County. He was sentenced to the jurisdiction of the Department of Correction for six months. On appeal he contends that his motion for judgment of acquittal should have been granted, and that there was an error in the instructions to the jury.

There was evidence from which the jury could...

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