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FABRITZ v. STATE

No. 500, September Term, 1974.

24 Md. App. 708 (1975)

332 A.2d 324

VIRGINIA LYNNETTE FABRITZ v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 21, 1975.

Attorney(s) appearing for the Case

Richard J. Clark, Assigned Public Defender, for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Warren F. Sengstack, State's Attorney for Calvert County, on the brief, for appellee.

The cause was argued before MORTON, LOWE and MELVIN, JJ.

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

Virginia Lynnette Fabritz, a twenty year old mother, was tried by a jury in the Circuit Court for Calvert County for child abuse and assault and battery upon her now deceased daughter, Windy Lynn Fabritz.1 The State conceded, and the judge acknowledged in his instructions to the jury, that:

"The State has not attempted to prove in this case that the Defendant struck the blows or applied...

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