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STANSBURY v. STATE

[No. 43, September Term, 1958.]

218 Md. 255 (1958)

146 A.2d 17

STANSBURY v. STATE

Court of Appeals of Maryland.

Decided November 20, 1958.

Attorney(s) appearing for the Case

Stanley Scherr and John C. Griffin for the appellant.

Joseph S. Kaufman, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, J. Harold Grady, State's Attorney for Baltimore City, and Edward Borgerding, Assistant State's Attorney, on the brief, for the appellee.

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

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

The appellant was indicted for murder, along with James Donald Fitzgerald and Marvin Rich. The other defendants were granted a severance. The appellant was tried before two judges, without a jury, found guilty of murder in the first degree, and sentenced to death. He contends that the evidence did not support a verdict of murder in the first degree; that it showed he was too intoxicated to form an intent to rob or...

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