MARSTON v. STATE

No. 290, September Term, 1969.

9 Md. App. 360 (1970)

264 A.2d 127

JOHN GEORGE MARSTON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 14, 1970.


Attorney(s) appearing for the Case

Rolf A. Quisgard for appellant.

Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Samuel A. Green, Jr., State's Attorney for Baltimore County, and John J. Lucas, 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.


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

John George Marston, the appellant, was convicted of burglary in a court trial in the Circuit Court for Baltimore County. He was tried jointly with his brother, Donald Edward Marston, and both were sentenced to terms of three years. On appeal appellant contends: (1) the building broken into was not a "dwelling", (2) there was insufficient evidence of appellant's felonious intent. Since this Court agrees with appellant...

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