Legal Opinion · Concurring in part, dissenting in part

Henry v. State

Court of Special Appeals of Maryland

Decided February 27, 1974No. 211, September Term, 1973Published

1Concurring in part, dissenting in partDavidson, J.

I agree with the majority that unauthorized use of an automobile is a lesser included offense in the greater crime of larceny of the automobile itself and that guilty verdicts on *312both counts are not inconsistent and can be merged. Therefore, I concur in the majority’s affirmance of appellant’s conviction for larceny of the automobile. I also concur in the majority’s affirmance of appellant’s conviction for receipt of stolen goods. However, I disagree with the majority’s view that this record establishes that Judge Sodaro, in sentencing, considered appellant’s conduct before, during, and after…

2Cases cited32 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Harris v. WashingtonSupreme Court of the United States · 1971
  3. United States v. Martin SweigCourt of Appeals for the Second Circuit · 1972
  4. Turner v. ArkansasSupreme Court of the United States · 1972
  5. Bartholomey v. StateCourt of Appeals of Maryland · 1972

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