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HALE v. STATE

No. 317, September Term, 1979.

44 Md. App. 376 (1979)

408 A.2d 772

BETTY HALE AND MARY HOSSLER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Charles D. Hollman and Thomas F. Stansfield for appellants.

Paul T. Cuzmanes, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Sandra A. O'Connor, State's Attorney for Baltimore County, and C. Eugene Schmidt, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before LOWE, MELVIN and MASON, JJ.

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

We will reverse the convictions of Betty Hale and Mary Hossler whom the factfinding judge of the Circuit Court for Baltimore County found guilty of failure to support a destitute parent. Md. Code, Art. 27, § 104. Although the question of the parent's destitution as defined is highly questionable, our reversal is predicated upon a statutory prerequisite that the children charged with the duty to support must be

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