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DEMPSEY v. STATE

No. 128, September Term, 1974.

24 Md. App. 8 (1974)

330 A.2d 204

MICHAEL JOSEPH DEMPSEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 19, 1974.

Attorney(s) appearing for the Case

William O. Goldstein, Assigned Public Defender, for appellant.

James I. Keane, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and William B. Yates, II, State's Attorney for Dorchester County, on the brief, for appellee.

The cause was argued before MOYLAN, MENCHINE and DAVIDSON, JJ.

MENCHINE, J., delivered the opinion of the Court. DAVIDSON, J., dissents and filed a dissenting opinion at page 30 infra.

Michael Joseph Dempsey was convicted of breaking and entering (Art. 27, § 32, Annotated Code of Maryland, 1971 Repl. Vol.) and Grand Larceny by a jury in the Circuit Court for Dorchester County. He was sentenced to concurrent ten year terms. His appeal asks:

"1. Did the instruction to the jury subsequent to the preliminary...

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