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HARRIDAY & GAITHER v. STATE

[No. 281, September Term, 1961.]

228 Md. 593 (1962)

182 A.2d 40

HARRIDAY & GAITHER v. STATE

Court of Appeals of Maryland.

Decided May 14, 1962.

Attorney(s) appearing for the Case

William O. Doub and Ronald T. Osborn, with whom was J. Kemp Bartlett, III on the brief, for appellants.

Edward S. Digges, Special Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Frank H. Newell and Austin W. Brizendine, State's Attorney and Assistant State's Attorney, respectively, for Baltimore County, on the brief, for appellee.

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

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

The appellants, Sterling J. Harriday and Clarence Gaither, and two co-defendants not involved in this appeal, were found guilty by the Circuit Court for Baltimore County, in a non-jury trial, of the larceny of a cigarette vending machine from a gasoline service station. Appellants contend that the judgment entered against them should be reversed on the ground that the chief State's witness, Wayne Hebron, was an accomplice...

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