MENCHINE, J., delivered the opinion of the Court. MOORE, J., dissents and filed a dissenting opinion at page 177 infra.
Richard Jerrimiah Ponds, III, in a bench trial in the Circuit Court for Montgomery County, was found guilty of nighttime breaking and entering of a dwelling with intent to steal personal goods of another. (Article 27, § 30) He was sentenced to a term of 6 years upon conditions authorized by Article 27, § 641A.
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