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MATTINGLY v. STATE

No. 2000, September Term, 1990.

89 Md. App. 187 (1991)

597 A.2d 1027

J. THOMAS MATTINGLY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Revised and Refiled December 20, 1991.

Attorney(s) appearing for the Case

Arnold M. Weiner (Mary E. Goulet and Hazel & Thomas, P.C., on the brief), Baltimore, for appellant.

Norman L. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., and Christopher J. Romano, Asst. Atty. Gen., on the brief), Baltimore, for appellee.

Argued before MOYLAN, ROSALYN B. BELL and HARRELL, JJ.

ROSALYN B. BELL, Judge.

J. Thomas Mattingly was convicted by a jury in the Circuit Court for Baltimore City of three counts of theft under Md.Code Ann., Art. 27, § 342 (1957, 1987 Repl.Vol.), and three counts of fraudulent misappropriation by a fiduciary under Md. Code Ann. Art. 27, § 132 (1957, 1987 Repl. Vol., 1991 Cum.Supp). On appeal Mattingly raises a number of issues, including:

— whether the trial judge gave an inadequate and incorrect...

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