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KUCHARCZYK v. STATE

[No. 340, September Term, 1963.]

235 Md. 334 (1964)

201 A.2d 683

KUCHARCZYK v. STATE

Court of Appeals of Maryland.

Decided June 23, 1964.

Attorney(s) appearing for the Case

Herbert J. Hirsch for appellant.

Roger D. Redden, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell and Stanley A. Cohen, State's Attorney and Assistant State's Attorney, respectively, for Baltimore City, on the brief, for appellee.

The cause was argued before HENDERSON, PRESCOTT, HORNEY and SYBERT, JJ., and KEATING, J., Associate Judge of the Second Judicial Circuit, specially assigned.

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

The appellant, Stanley Kucharczyk, was found guilty after a non-jury trial in the Criminal Court of Baltimore under both counts of an indictment which charged the commission of an unnatural and perverted sex act in the first count and assault and battery in the second. A motion for a new trial was granted as to the first count and denied as to the second count. The State then stetted the first count and the appellant...

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