SMITH v. STATE

No. 933, September Term, 1981.

51 Md. App. 408 (1982)

443 A.2d 985

MARILYN D. SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 12, 1982.


Attorney(s) appearing for the Case

A. Dwight Pettit for appellant.

Philip M. Andrews, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, John R. Salvatore, State's Attorney for Washington County, and Mary Ann Day, Assistant State's Attorney for Washington County, on the brief, for appellee.

The cause was argued before MORTON and MOORE, JJ., and RICHARD M. POLLITT, Chief Judge of the First Judicial Circuit, specially assigned.


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

It has been said frequently by humorists that one of the more often told falsehoods of modern times is "the check is in the mail". It is, by the very nature of such a statement, extremely difficult to prove its falsity by direct, positive evidence. As was done in this case, however, the falsity of such a statement is provable by circumstantial evidence.

On March 24, 1981, the appellant, Marilyn D. Smith, was...

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