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Yopps v. State

Decided: March 23, 1962.

YOPPS
v.
STATE



Appeal from the Criminal Court of Baltimore; Carter, J.

Brune, C.J., and Henderson, Hammond, Prescott and Marbury, JJ. Marbury, J., delivered the opinion of the Court.

Marbury

The appellant, Arnold Yopps, was indicted for burglary. He entered a plea of not guilty and was tried before the court without a jury, Judge Joseph L. Carter presiding. He was found guilty and sentenced to serve ten years in the Maryland Penitentiary.

On this appeal from the judgment and sentence he presents the sole question, did the trial court commit prejudicial error

in failing to permit counsel to state his arguments on behalf of the defendant.

The appellant testified in his own behalf and admitted being in the vicinity of the property burglarized, but denied any complicity in the crime. At the close of all of the testimony the following colloquy occurred:

"Mr. Rosenthal (Defense counsel): Step down.

The Court: Anything else?

Mr. Rosenthal: That is our case, your Honor.

The Court: Any rebuttal?

Mr. Moylan (Assistant State's Attorney): ...


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