MILLER v. STATE

[No. 227, September Term, 1962.]

231 Md. 215 (1963)

189 A.2d 635

MILLER v. STATE

Court of Appeals of Maryland.

Decided April 2, 1963.


Attorney(s) appearing for the Case

David N. Bates and Norman N. Yankellow, with whom was Joseph Rosenthal on the brief, for appellant.

Harrison M. Robertson, Jr., Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell, Benjamin L. Brown and Abraham H. Adler, State's Attorney and Assistant State's Attorneys, respectively, for Baltimore City, and Frank H. Newell, III and John Moyer, State's Attorney and Assistant State's Attorney, respectively, for Baltimore County, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.


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

The appellant, James Bernard Miller, was jointly indicted with two other defendants for rape, which allegedly occurred on November 7, 1961, in Baltimore City. He requested a removal and the case was transferred to Baltimore County. A severance was granted, he was tried before a judge without a jury on June 13, 1962, resulting in his being found guilty of rape, and sentenced...

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