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SMITH v. STATE

[No. 131, September Term, 1964.]

237 Md. 573 (1965)

207 A.2d 493

SMITH v. STATE

Court of Appeals of Maryland.

Decided March 3, 1965.

Attorney(s) appearing for the Case

Morris Lee Kaplan, with whom was Michael Lee Kaplan on the brief, for the appellant.

David T. Mason, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Edward G. Wyatt, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY and SYBERT, JJ., and CARTER, J., Chief Judge of the Second Judicial Circuit, specially assigned.

CARTER, J., by special assignment, delivered the opinion of the Court.

The defendant was convicted in the Criminal Court of Baltimore of obtaining money by false pretenses in violation of Article 27, Section 140, Code (1957), and sentenced to ten years in the Maryland Penitentiary. He appeals from that judgment.

It was established by the evidence that the victim, Mrs. Clifford Horsman, a widow of six months duration...

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