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MAHONEY v. STATE

No. 293, September Term, 1968.

6 Md. App. 407 (1969)

251 A.2d 378

JOHN EDWARD MAHONEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 25, 1969.

Attorney(s) appearing for the Case

John T. Bell (Charles W. Bell on the brief) for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Linthicum, State's Attorney for Montgomery County, and Barry H. Helfand, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

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

PER CURIAM:

The appellant was charged with offenses against the person and property of Michael James Brewer, each alleged to have been committed on the same date, by an indictment containing seven counts. The crimes charged included robbery with a deadly weapon (1st count), grand larceny (6th count) and receiving stolen goods (7th count). Prior to trial he moved for dismissal of the 7th count because "a person cannot be both a thief and a receiver. It is improper...

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