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YOUNG v. STATE

[No. 213, September Term 1961.]

228 Md. 173 (1962)

179 A.2d 340

YOUNG v. STATE

Court of Appeals of Maryland.

Decided March 21, 1962.

Attorney(s) appearing for the Case

Marshall A. Levin, with whom was Harry O. Levin on the brief, for appellant.

Gerard Wm. Wittstadt, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Saul A. Harris, State's Attorney, and James W. Murphy, Assistant State's Attorney, on the brief, for appellee.

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

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

The appellant was convicted of rape in a trial before the court without a jury, and after his motion for new trial had been overruled by the Supreme Bench, sentenced to death. Young was indicted for rape on December 22, 1960, and on the same day a joint indictment for burglary was filed against Young, James Bowler and Earl James Boston. The defendants received copies of the indictments on December 27, 1960,

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