PITTS v. STATE

No. 824, September Term, 1976.

36 Md. App. 594 (1977)

374 A.2d 632

SAMUEL EDWARD PITTS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 23, 1977.


Attorney(s) appearing for the Case

Philip J. Santa Maria, Assigned Public Defender, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Philip H. Armstrong, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before THOMPSON, DAVIDSON and MASON, JJ.


DAVIDSON, J., delivered the opinion of the Court. MASON, J., dissents and filed a dissenting opinion at page 601 infra.

In the Circuit Court for Montgomery County, a jury found Samuel Edward Pitts, the appellant, guilty of storehouse breaking and stealing (count 2), and larceny to the value of one hundred dollars or more (count 4). On appeal, the appellant initially contends that the trial court erred in its instructions to the jury.

The court instructed...

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