CHRISTENSEN v. STATE

No. 788, September Term, 1973.

21 Md. App. 428 (1974)

320 A.2d 276

WILLIAM DEAN CHRISTENSEN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 28, 1974.


Attorney(s) appearing for the Case

Albert D. Brault for appellant.

Harry A.E. Taylor, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Frank H. Santoro, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MORTON and LOWE, JJ., and J. WILLIAM HINKEL, Associate Judge of the District Court of Maryland for District 8, specially assigned.


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

In 1722 a chimney-sweeper's boy found a jewel and took it to a jeweler for appraisal. The jeweler, having declined to return it to the boy, was sued in trover. Instructing the jury how they should arrive at the value of the unreturned jewel, "... the Chief Justice directed the jury that unless the defendant did produce the jewel and show it not to be of the finest water, they should presume the strongest against him, and...

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