PERRY v. STATE

No. 335, September Term, 1970.

11 Md. App. 302 (1971)

273 A.2d 635

JAMES R. PERRY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 19, 1971.


Attorney(s) appearing for the Case

Robert L. Westheimer 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 Sandra O. O'Connor, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was submitted to MURPHY, C.J., and MORTON and POWERS, JJ.


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

To a three-count indictment charging assault with intent to rape, assault with intent to carnally know a child under the age of fourteen years and common law assault and battery, appellant pleaded guilty to the third count. He was sentenced to three years imprisonment and referred to Patuxent Institution to determine whether he could be classified as a defective delinquent.

In this appeal it is asserted that...

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