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HAYES v. STATE

[No. 4, October Term, 1956.]

211 Md. 111 (1956)

126 A.2d 576

HAYES v. STATE

Court of Appeals of Maryland.

Decided November 5, 1956.

Attorney(s) appearing for the Case

Morris Lee Kaplan, with whom were Harry I. Kaplan and Louis L. Horowitts on the brief, for appellant.

James H. Norris, Jr., Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, David Kauffman, Assistant Attorney General, Anselm Sodaro, State's Attorney for Baltimore City and James W. Murphy, Assistant State's Attorney for Baltimore City on the brief, for appellee.

The cause was argued before BRUNE, C.J., COLLINS, HENDERSON and HAMMOND, JJ., and HENDERSON, J., Chief Judge of the Fourth Judicial Circuit, specially assigned.

HENDERSON, J.,1 delivered the opinion of the Court.

This appeal is from a judgment and sentence of twenty years in the Maryland Penitentiary from January 7, 1956, after the appellant had been convicted by Judge Carter, sitting without a jury in the Criminal Court of Baltimore, on the first count of an indictment charging attempted robbery with a dangerous and deadly weapon. The appellant contends that the verdict of the trial court was...

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