CLAYTON v. STATE

No. 534, September Term, 1970.

12 Md. App. 40 (1971)

276 A.2d 671

THOMAS DEEMS CLAYTON, A/K/A THOMAS VINCENT, A/K/A THOMAS JENSEN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 4, 1971.


Attorney(s) appearing for the Case

Cornelius J. Vaughey for appellant.

Robert A. DiCicco, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Linthicum, Jr., State's Attorney for Montgomery County, and Andrew L. Sonner, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

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


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

The appellant, Thomas Deems Clayton, was convicted in the Circuit Court for Montgomery County by a jury, presided over by Judge Irving A. Levine, of burglary and grand larceny.

On appeal, he raises two contentions:

(1) That probable cause did not exist for the police to search his automobile without a warrant; and

(2) That even if probable cause for the warrantless seizure of the automobile existed...

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