FARLOW v. STATE

No. 480, September Term, 1969.

9 Md. App. 515 (1970)

265 A.2d 578

E. STEPHEN FARLOW v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 27, 1970.


Attorney(s) appearing for the Case

William F. Mosner for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Barry S. Frame, 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.


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

If a person unlawfully appropriates the personal property of another to his own use the path between proof of that fact and conviction of a crime should be straight and clear. But in the absence of a legislative enactment creating an all inclusive crime of theft it is not. We do not have such a statute in Maryland. The result is that the precise factual circumstances determine what offense is committed and one offense...

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