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WORTHEN v. STATE

No. 499, September Term, 1978.

42 Md. App. 20 (1979)

399 A.2d 272

LESLEY CLINT WORTHEN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 22, 1979.

Attorney(s) appearing for the Case

Isaac S. Kershner, Assigned Public Defender, for appellant.

Diane G. Goldsmith, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, George R. Sparling, State's Attorney for St. Mary's County, and John E. Pleisse, Assistant State's Attorney for St. Mary's County, on the brief, for appellee.

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

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

Lesley Clint Worthen was charged with statutory child abuse and common law assault and battery, each charge relating to an injury sustained by his stepchild. He was tried by a jury in the Circuit Court for St. Mary's County, which convicted him of assault and battery, but exonerated him from child abuse.

The State's evidence was admittedly thin, resting upon the two basic factors of underlying proof of a crime...

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