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BAUMGARTNER v. STATE

No. 544, September Term, 1973.

21 Md. App. 251 (1974)

319 A.2d 592

RICHARD O. BAUMGARTNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 20, 1974.

Attorney(s) appearing for the Case

Robert C. Heeney for appellant.

James G. Klair, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Robert S. Rothenhoefer, State's Attorney for Frederick County, and Peter I.J. Davis, Special Attorney, on the brief, for appellee.

The cause was argued before THOMPSON, DAVIDSON and LOWE, JJ.

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

Richard O. Baumgartner is the Sheriff of Frederick County. On July 6, 1973 he was convicted by a jury in the Circuit Court for Montgomery County of false pretenses, embezzlement and malfeasance in office. Judge Joseph M. Mathias imposed two concurrent two-year sentences for false pretenses and embezzlement and a sentence of twenty-five days in jail or a fine of $250 for malfeasance in office. The sentences for false pretenses...

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