HERBERT v. STATE

No. 745, September Term, 1975.

31 Md. App. 48 (1976)

354 A.2d 449

RICHARD EDWARD HERBERT v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 31, 1976.


Attorney(s) appearing for the Case

Robert Gordon King. Assigned Public Defender, for appellant.

Bernard A. Raum, Assistant Attorney General. with whom were Francis B. Burch, Attorney General, Sandra A. O'Connor, State's Attorney for Baltimore County. and Thomas J. O'Connell, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before ORTH, C.J., and POWERS and LOWE, JJ.


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

House or Home

In Waugh v. State, 20 Md.App. 682, rev'd 275 Md. 22, we faced the question of whether a suitcase was more like a car or a house. We are faced here with the issue of whether a motel room is a dwelling capable of being burglarized or a storehouse which can be merely broken, or — as the State would have us rule, both...

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