DUNCAN AND SMITH v. STATE

[No. 24, September Term, 1977.]

281 Md. 247 (1977)

378 A.2d 1108

SHERMAN DUNCAN, ETC. AND CORNELL SMITH v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for reconsideration filed November 28, 1977.

Denied December 5, 1977.


Attorney(s) appearing for the Case

Dennis M. Henderson, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and George E. Burns, Jr., Assistant Public Defender, on the brief, for appellants.

Alexander L. Cummings, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Clarence W. Sharp and Arrie W. Davis, Assistant Attorneys General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.


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

The Grand Jury for Frederick County returned a true bill against Cornell Smith, alias James Fitz, and Sherman Duncan (appellants), jointly, presenting that they did unlawfully steal (1st count) and receive (2nd count) goods of Montgomery Ward and Company, Inc. of a value in excess of $100. At separate bench trials in the Circuit Court for Frederick County, Smith was convicted under the 1st count and Duncan under the 2nd...

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