PER CURIAM ORDER

It is this 13th day of December, 1979

ORDERED, by the Court of Appeals of Maryland, that the *542judgment of the Court of Special Appeals be, and it is hereby, affirmed in part as to the judgment and modified as to the lack of a new trial and case remanded to that Court with direction to remand the case to the Circuit Court for Anne Arundel County for a new trial. See Countess v. State, Nos. 36 and 49, September Term, 1979, decided December 10,1979.