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FISCHER v. STATE

No. 113, Sept. Term, 1997.

700 A.2d 829 (1997)

117 Md. App. 443

David Michael FISCHER, Appellant, v. STATE of Maryland, Defendant.

Court of Special Appeals of Maryland.

September 26, 1997.

Attorney(s) appearing for the Case

Howard L. Cardin (Cardin & Gitomer, P.A., on the brief), Baltimore, for appellant.

Regina Hollins Lewis, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, Baltimore and Sandra A. O'Connor State's Attorney for Baltimore County, Towson, on the brief), for appellee.

Argued before CATHELL, DAVIS and BYRNES, JJ.

CATHELL, Judge.

David Michael Fischer was charged in the Circuit Court for Baltimore County under a five-count indictment as follows: count 1, murder; count 2, arson of a dwelling; count 3, arson of a structure; count 4, first degree burglary; and count 5, second degree burglary. Appellant was tried before a jury, and at the close of the state's case-in-chief, the court granted a motion for a judgment of acquittal as to the first degree burglary count. At the close...

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