ECCLES v. STATE

No. 1294, September Term, 1983.

59 Md. App. 554 (1984)

476 A.2d 1183

AVERY TILTON ECCLES v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

July 11, 1984.


Attorney(s) appearing for the Case

John T. Szymkowicz, Washington, D.C., for appellant.

Bernard A. Penner, Asst. Atty. Gen., with whom were Stephen H. Sachs, Atty. Gen., Arthur A. Marshall, Jr., State's Atty. and Marjorie L. Clagett, Asst. State's Atty., Prince George's County, on the brief, for appellee.

Argued Before GILBERT, C.J., and LISS and GETTY, JJ.


GETTY, Judge.

At his first trial, Avery Tilton Eccles, appellant herein, was convicted by a jury in the Circuit Court for Prince George's County of committing a Fourth Degree Sexual Offense. He was acquitted of six other offenses charged in the indictment. The jury advised the court that it could not agree upon a verdict as to the charge of second degree rape. Appellant moved for a mistrial as to that offense and the motion was granted by the trial court.

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