SMITH v. STATE

No. 20, September Term, 1969.

8 Md. App. 163 (1969)

258 A.2d 755

FITZGERALD LEWIS SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 20, 1969.


Attorney(s) appearing for the Case

James W. Murphy for appellant.

T. Joseph Touhey, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Arthur S. Alperstein, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

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


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

Fitzgerald Lewis Smith, the appellant, was convicted of larceny in a court trial in the Criminal Court of Baltimore. Smith received a suspended sentence of eighteen months. On this appeal he contends the evidence was insufficient to support his conviction. We agree.

The record indicates that on Sunday, May 26, 1968, the home of one Abraham Brown was broken into. Among the items taken were a stereo record player...

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