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ALSTON v. STATE

No. 105, September Term, 1994.

339 Md. 306 (1995)

DAVID L. ALSTON v. STATE OF MARYLAND.

Court of Appeals of Maryland.

July 25, 1995.

Attorney(s) appearing for the Case

Victoria S. Lansburgh, Asst. Public Defender, (Stephen E. Harris, Public Defender, both on brief), Baltimore, for petitioner.

J. Joseph Curran, Jr., Atty. Gen., (Annabelle L. Lisic, Asst. Atty. Gen., both on brief), Baltimore, for respondent.

Argued before ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ., and JOHN F. McAULIFFE, Judge (retired) Specially Assigned.

RODOWSKY, Judge.

The petitioner, David L. Alston (Alston), was convicted by a jury in the Circuit Court for Baltimore City of, inter alia, second degree murder that had been submitted on the depraved heart theory. The Court of Special Appeals affirmed. Alston v. State, 101 Md.App. 47, 643 A.2d 468 (1994). Alston petitioned this Court to review "[w]hether the evidence was insufficient...

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