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CLARKE v. STATE

No. 67, September Term, 1967.

3 Md. App. 447 (1968)

240 A.2d 291

ALPHONSO CLARKE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 1, 1968.

Attorney(s) appearing for the Case

Fred Warren Bennett for appellant.

Frank A. DeCosta, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Linthicum, Jr., State's Attorney for Montgomery County, and Andrew L. Sonner, Deputy State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

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

The Appellant, Alphonso Clarke, was convicted by a jury in the Circuit Court for Montgomery County of grand larceny and sentenced to fifteen years in the Maryland Penitentiary.

It appears that a service station owner returned to his station about 11:00 P.M. on the evening of November 14, 1966, after having closed it an hour before, and found two men in front of the...

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