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McCRAY v. STATE

[No. 413, September Term, 1963.]

236 Md. 9 (1964)

202 A.2d 320

McCRAY v. STATE

Court of Appeals of Maryland.

Decided July 15, 1964.

Attorney(s) appearing for the Case

Raymond M. Faby, with whom were Rollins, Smalkin, Weston and Andrew, on the brief, for the appellant.

Fred Oken, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell and Frank Cannizzaro, Jr., State's Attorney and Assistant State's Attorney, respectively, for Baltimore City, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HAMMOND, PRESCOTT and HORNEY, JJ. and RUTLEDGE, J., Associate Judge of the Fourth Judicial Circuit, specially assigned.

HORNEY, J., delivered the opinion of the Court. BRUNE, C.J., dissents.

The questions presented on this appeal relate to the admissibility of evidence seized during the course of a search and to the sufficiency of the evidence to support the convictions of being a rogue and vagabond, of attempting to break and enter a storehouse with intent to steal, and of receiving stolen property.

On October 28, 1963, a confectionery store on Woodbrook Avenue in Baltimore...

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