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IRBY v. STATE

[No. 188, September Term, 1962.]

230 Md. 539 (1963)

188 A.2d 283

IRBY v. STATE

Court of Appeals of Maryland.

Motion for stay of mandate filed February 27, 1963.

Granted as provided in Order filed March 8, 1963.

Attorney(s) appearing for the Case

J. Healy Sullivan, for appellant.

Gerard Wm. Wittstadt, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Leonard T. Kardy and James Cromwell, State's Attorney and Deputy State's Attorney, respectively, for Montgomery County, on the brief, for appellee.

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

Granted as provided in Order of Court filed March 8, 1963. Certiorari denied, 375 U.S. 859.

PER CURIAM:

This appeal, from a judgment entered upon a jury's verdict, and sentence to five years for burglary and larceny, challenges only the legal sufficiency of the evidence. At about 3 A.M. in the morning of December 11, an automobile with three persons in the front seat was observed by the police in an alley behind a clothing store. They saw that the rear seat...

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