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COLTER v. STATE

[No. 148, September Term, 1958.]

219 Md. 190 (1959)

148 A.2d 561

COLTER v. STATE

Court of Appeals of Maryland.

Decided February 18, 1959.

Attorney(s) appearing for the Case

William H. McCullough, with whom were Robert W. McCullough and William T. Pace on the brief, for the appellant.

Clayton A. Dietrich, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Blair H. Smith, State's Attorney for Prince George's County, and John W. Mitchell, Deputy State's Attorney, on the brief, for the appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

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

The appellant in this case was indicted along with one Tolson for storehouse breaking, larceny and receiving stolen goods. Tolson pleaded guilty, and subsequently testified against Colter in his trial on July 12, 1957, before the court without a jury. On the same day the appellant was found guilty and sentenced to a term of eight years in the Maryland Penitentiary. A motion for a new trial was filed on July 15, 1957...

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