Elmer v. State

Dissenting opinion by Hammond, J., at page 11, infra.

Sentenced to five years in the House of Correction after being found guilty of assault and battery by, a jury in the Circuit Court for Cecil County, John Davidson Elmer appeals.

The State’s evidence at the trial tended to show that Elmer had joined with several other young men in beating the complaining witness, a man in his fifties, in the early morning hours of January 18, 1964, across the street from a tavern near Elk-ton, Maryland. The same incident was before this Court in the case of Vandegrift v. State, 237 Md. 305, 206 A. 2d 250…