ROSENBERG v. STATE

No. 530, September Term, 1970.

12 Md. App. 20 (1971)

276 A.2d 708

RICHARD P. ROSENBERG v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 4, 1971.


Attorney(s) appearing for the Case

David Povich, with whom were Williams & Connolly, James J. Cromwell and Clark & Cromwell on the brief, for appellant.

Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Linthicum, Jr., State's Attorney for Montgomery County, John M. King, Assistant State's Attorney for Montgomery County, and Walter H. Madden, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before ORTH, THOMPSON and MOYLAN, JJ.


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

The Indictment

The offense which a jury in the Circuit Court for Montgomery County was convinced beyond a reasonable doubt had been committed by Richard P. Rosenberg was that he kept and maintained a common nuisance on 28 February 1970. Not the common law misdemeanor of common nuisance recognized in Maryland for which the penalty is fixed by statute, Code, Art. 27, § 125 and which we defined and discussed...

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