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BROWN v. STATE

[No. 247, September Term, 1960.]

225 Md. 349 (1961)

170 A.2d 300

BROWN v. STATE

Court of Appeals of Maryland.

Decided May 12, 1961.

Attorney(s) appearing for the Case

Richard M. Pollitt and Patrick L. Rogan, Jr., with whom was Vaughn E. Richardson on the brief, for appellant.

Clayton A. Dietrich, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Henry P. Turner, State's Attorney for Talbot County, Alfred T. Truitt and Hamilton P. Fox, Jr., State's Attorney and Special Assistant State's Attorney, respectively, for Wicomico County, on the brief, for appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and MARBURY, JJ.

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

The appellant, Johnnie Brown, was indicted by the Grand Jury for Wicomico County on September 9, 1958, on a charge of murder. After various preliminary motions the case was removed to Dorchester County for trial. The defendant was convicted of murder in the first degree and sentenced to death, but on appeal this Court reversed and remanded the case for a new trial (

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