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BRILEY v. STATE

[No. 107, October Term, 1956.]

212 Md. 445 (1957)

129 A.2d 689

BRILEY v. STATE

Court of Appeals of Maryland.

Decided March 6, 1957.

Attorney(s) appearing for the Case

Leonard S. Freedman, with whom was Michael F. Freedman on the brief, for the appellant.

Stedman Prescott, Jr., Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Anselm Sodaro, State's Attorney for Baltimore City, and Edward F. Borgerding and James O'C. Gentry, Assistant State's Attorneys, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.

PRESCOTT, J., delivered the opinion of the Court.

Kelly Briley was indicted in the usual form for the murder of Jessie Mills, which occurred on January 21, 1956, in Baltimore City. He pleaded not guilty and was tried before Judge Joseph L. Carter and a jury. He was found guilty of murder in the first degree. A motion for a new trial filed before the Supreme Bench of Baltimore City was denied. He was sentenced to death by hanging...

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