Marston v. State

John George Marston, the appellant, was convicted of burglary in a court trial in the Circuit Court for Baltimore County. He was tried jointly with his brother, Donald Edward Marston, and both were sentenced to terms of three years. On appeal appellant contends: (1) the building broken into was not a “dwelling”, (2) there was insufficient evidence of appellant’s felonious intent. Since this Court agrees with appellant’s first contention, there will be no need to discuss the second.

At approximately 10:00 P.M. on March 22, 1969, Donald Marston, the appellant’s brother, was seen going to the…