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SHUPE v. STATE

[No. 216, September Term, 1964.]

238 Md. 307 (1965)

208 A.2d 590

SHUPE v. STATE

Court of Appeals of Maryland.

Decided April 7, 1965.

Attorney(s) appearing for the Case

William Harris Zinman for appellant.

R. Randolph Victor, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Charles E. Moylan, Jr. and William A. Swisher, State's Attorney and Assistant State's Attorney, respectively, for Baltimore City on the brief, for appellee.

The cause was argued before PRESCOTT, C.J., and HORNEY, SYBERT, OPPENHEIMER and BARNES, JJ.

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

The appellant, William Frank Shupe, was convicted in a non-jury trial in the Criminal Court of Baltimore of the larceny of $316.67 and was sentenced to a term of 18 months in the House of Correction. The appellant entered this appeal after the sentence was suspended and he was placed on probation for 18 months and ordered to make restitution.

The evidence produced by the State showed that on the night of August...

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