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AVEY v. STATE

No. 6, Initial Term, 1967.

1 Md. App. 178 (1967)

228 A.2d 614

BRADLEY ARLINGTON AVEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 21, 1967.

Attorney(s) appearing for the Case

Karl G. Feissner and Daniel Clifford Smith for appellant.

Franklin Goldstein, Assistant Attorney General, with whom were Thomas B. Finan, former Attorney General, and Arthur A. Marshall, Jr., State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before ANDERSON, MORTON, ORTH, and THOMPSON, JJ., and DYER, J., Associate Judge of the Third Judicial Circuit, specially assigned.

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

On October 21, 1965, Bradley Arlington Avey was convicted on two charges of assault with intent to murder and also on a charge of breaking and entering. Subsequently, he was sentenced to twenty-four years in the Maryland Penitentiary on the three charges.

Lieutenant Thornberry, of the Prince George's County Police Department, at 2 A.M. on January 26, 1965, saw a broken window in a door of the Princeton Delicatessen...

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