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CHESTER v. STATE

No. 1117, September Term, 1975.

32 Md. App. 593 (1976)

363 A.2d 605

PAUL L. CHESTER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 15, 1976.

Attorney(s) appearing for the Case

George L. Russell, Jr., for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and John Henry Lewin, Jr., Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before POWERS and MENCHINE, JJ., and RICHARD M. POLLITT, Associate Judge of the First Judicial Circuit, specially assigned.

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

Paul L. Chester (appellant), an elected Clerk of the Court of Common Pleas, went to trial before a jury in the Criminal Court of Baltimore under indictment 17401949 (Rasin, J., specially assigned, presiding). Initiated as a three count indictment, the State entered a nolle prosequi as to the second count prior to commencement of trial. At the conclusion of the State's evidence a Motion for Judgment of Acquittal...

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