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SCOTT v. STATE

[No. 39, September Term, 1960.]

223 Md. 376 (1960)

164 A.2d 716

SCOTT v. STATE

Court of Appeals of Maryland.

Decided November 8, 1960.

Attorney(s) appearing for the Case

George L. Russell, Jr., with whom were Benjamin L. Brown and Brown, Allen & Watts on the brief, for the appellant.

Lawrence F. Rodowsky, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Saul A. Harris, State's Attorney for Baltimore City, and Charles E. Moylan, Jr., Assistant State's Attorney, on the brief, for the appellee.

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

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

In some of its aspects, this is an unusual case. On December 16, 1959, Charles Scott was tried for, and convicted of, statutory burglary, by a judge of the Criminal Court of Baltimore, sitting without a jury. From a three years' sentence in the Maryland Penitentiary, he has appealed.

The Attorney General has filed a motion to dismiss the appeal, which we shall dispose of first. The appellant was sentenced by...

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