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DUNCAN v. STATE

No. 1226, September Term, 1976.

37 Md. App. 330 (1977)

377 A.2d 567

JAMES EDWARD DUNCAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 14, 1977.

Attorney(s) appearing for the Case

Robert Paul Mann for appellant.

Amicus curiae brief filed by Joseph R. Suter, Russell J. White on the brief.

Kathleen M. Sweeney, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Sandra A. O'Connor, State's Attorney for Baltimore County, Charles A. Ruppersberger, III, Assistant State's Attorney for Baltimore County, and David F. Mister, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MENCHINE and MASON, JJ.

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

James Edward Duncan, a Baltimore County Police Officer, was convicted in a bench trial of the common law crime of misconduct in office. He received a suspended sentence of one year imprisonment and was placed on probation for eighteen months. In this appeal, he makes the following contentions: (1) that the evidence was legally insufficient to establish the offense charged; and (2) that prosecution was barred by the...

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