Duncan v. State

James Edward Duncan, a Baltimore County Police Officer, was convicted in a bench trial of the common law crime of misconduct in office. He received a suspended sentence of one year imprisonment and was placed on probation for eighteen months. In this appeal, he makes the following contentions: (1) that the evidence was legally insufficient to establish the offense charged; and (2i that prosecution was barred by the Statute of Limitations.

Sufficiency of the Evidence

There was testimony by one Michael R. Mally that during 1970, when he was dating the daughter of Officer Duncan, the latter…