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FITEZ v. STATE

No. 213, September Term, 1969.

9 Md. App. 137 (1970)

262 A.2d 765

HARRY RICHARD FITEZ v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 12, 1970.

Attorney(s) appearing for the Case

Jerome F. Connell for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Julian B. Stevens, State's Attorney for Anne Arundel County, and Raymond G. Thieme, Jr., Assistant State's Attorney for Anne Arundel 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.

Harry Richard Fitez, the appellant, was convicted of violating the lottery and gambling laws in a court trial before Judge E. Mackall Childs in the Circuit Court for Anne Arundel County. He was sentenced to one year and fined $1,000. On appeal Fitez contends that as a result of a violation of Maryland Rule 707 all evidence taken under the improperly executed search warrant should be excluded.

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