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POOLE v. STATE

[Nos. 9 and 11, September Term, 1982.]

295 Md. 167 (1983)

453 A.2d 1218

TIMOTHY CLYDE POOLE v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided January 7, 1983.

Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Gary S. Offutt, Assistant Public Defender, on the brief, for appellant.

Stephen B. Caplis, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Deborah K. Handel, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

COUCH, J., delivered the opinion of the Court. MURPHY, C.J., and SMITH and RODOWSKY, JJ., concur and dissent as to portions of Part 1 of the opinion. COLE and DAVIDSON, JJ., concur as to portion of Part 1 and concur as to Part 8 and dissent as to Part 2 b of the opinion. MURPHY, C.J., filed a concurring and dissenting opinion at page 197 infra, in which SMITH and RODOWSKY, JJ., join. DAVIDSON, J., filed a concurring and dissenting opinion at page 201 infra,...

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