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BORZA v. STATE

No. 556, September Term, 1974.

25 Md. App. 391 (1975)

335 A.2d 142

PETER J. BORZA, III v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 21, 1975.

Attorney(s) appearing for the Case

Geraldine K. Sweeney, with whom were Alan H. Murrell, Public Defender, Dennis M. Henderson and Frank Sacks, Assistant Public Defenders, on the brief, for appellant.

James G. Klair, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City and Mark Van Bavel, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

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

MOYLAN, J., delivered the opinion of the Court. LOWE, J., dissents and filed a dissenting opinion at page 412 infra.

The appellant, Peter J. Borza, III, was convicted in the Criminal Court of Baltimore by a jury, presided over by Judge Albert L. Sklar, of statutory arson. Upon this appeal, he raises six contentions.

1. That the trial judge should have ruled that Joseph Credge was an accomplice as a matter of law and that there was insufficient evidence...

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