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FAIRBANKS v. STATE

No. 54, September Term, 1989.

318 Md. 22 (1989)

566 A.2d 764

JOHN FRANKLIN FAIRBANKS, JR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

December 6, 1989.

Attorney(s) appearing for the Case

Michael R. Malloy, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for petitioner & cross-respondent.

Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for respondent & cross-petitioner.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and CHARLES E. ORTH, Jr., (Associate Judge of the Court of Appeals of Maryland, retired, Specially Assigned), JJ.

MURPHY, Chief Judge.

John Franklin Fairbanks, Jr. was charged in the Circuit Court for Baltimore County with burglary in violation of the common law and Maryland Code (1982 Repl.Vol.), Article 27, § 30(a) (Count 1); misdemeanor breaking and entering in violation of § 31A (Count 2); felony daytime house-breaking in violation of § 30(b) (Count 3); and theft in violation of § 342 (Count 4).

On the evening of February 7, 1987, a dwelling house...

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