(DOWNLOAD) "Dunphy v. Maryland" by September Term, 1971 Court of Special Appeals of Maryland No. 206 " eBook PDF Kindle ePub Free
eBook details
- Title: Dunphy v. Maryland
- Author : September Term, 1971 Court of Special Appeals of Maryland No. 206
- Release Date : January 17, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
JOHN DUNPHY, also known as John W. Rothenhoefer, went to trial on 4 May 1971 before a jury in the Circuit Court for Garrett County under indictment 847 and 849.1 At the close of all the evidence a motion for judgment of acquittal was granted as to indictment 849.2 The jury rendered a verdict of guilty generally under indictment 847. The first count charged the forgery of a check in the amount of $175, the second count charged the uttering of the check to Browning's, Inc. and the third count purported to charge the crime of false pretenses. The general verdict of guilty convicted Dunphy on each of the three counts. Manning v. State, 2 Md. App. 177.3 No question was raised below nor presented to us on appeal with respect to the conviction under the third count. A point not tried and decided below will ordinarily not be decided by us, but a question as to the jurisdiction of the lower court may be raised and decided in this Court whether or not raised and decided in the lower court. Maryland Rule 1085; Phenious v. State, 11 Md. App. 385, 390-391. According to the lower court's charge to the jury, to which no exceptions were taken, the third count charged the offense proscribed by Code, Art. 27, Γ§ 140. Under that section a person who shall ""by any false pretense obtain from any other person any chattel, money or valuable security, with intent to defraud any person of the same, shall be guilty of a misdemeanor * * *."" We set out the elements of the offense in Polisher v. State, 11 Md. App. 555, 560. One of them is the obtaining of any chattel, money or valuable security from another. The third count in the indictment here read: