Feldstein v. State, 28.

• Decision Date: 15 October 1942
• Docket Number: No. 28.,28.
• Citation: 28 A.2d 471
• Parties: FELDSTEIN v. STATE.
• Court: Maryland Court of Appeals

28 A.2d 471

FELDSTEIN

v. STATE.

No. 28.

Court of Appeals of Maryland.

Oct. 15, 1942.

Appeal from Circuit Court, Allegany County; D. Lindley Sloan and William A. Huster, Judges.

Abe Feldstein pleaded guilty to an indictment for receiving stolen goods, and his motion to strike out the plea was overruled, and he appeals.

Appeal dismissed.

Before BOND, C. J., and DELAPLAINE, COLLINS, MARBURY, and GRASON, JJ.

Leonard J. Harmatz, of Baltimore, for appellant.

William C. Walsh, Atty. Gen., Robert E. Clapp, Jr., Asst. Atty. Gen. (Morgan C. Harris, State's Atty., of Cumberland, on the brief), for appellee.

MARBURY, Judge.

Appellant, a junk dealer, was indicted in Allegany County for receiving stolen goods. He pleaded guilty, sentence was suspended, and he was paroled for two years upon giving bond and making restitution for the stolen property. He then filed a motion to strike out his plea of guilty, alleging that his attorney persuaded him to enter the plea and that he was innocent. The trial court overruled his motion on May 29, 1942. On June 23, 1942, he appealed to this court.

Under Rule 25 appeals in criminal cases must be taken within ten days from the date of the judgment or sentence. This rule has been recently passed upon in the case of Ivrey v. State, 178 Md. 638, 15 A.2d 910. It is not necessary to add anything to what was said in that case. Under its authority, the appeal herein must be dismissed.

Appeal dismissed.