CALLEN v. STATE

[No. 83, September Term, 1963.]

232 Md. 507 (1963)

193 A.2d 62

CALLEN v. STATE

Court of Appeals of Maryland.

Decided October 22, 1963.


Attorney(s) appearing for the Case

Nelson R. Kandel, with whom were Morris Lee Kaplan and Michael Lee Kaplan on the brief, for appellant.

R. Randolph Victor, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell, State's Attorney, Charles E. Moylan, Jr., Assistant State's Attorney, and Edward G. Wyatt, Deputy State's Attorney, on the brief, for appellee.

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


PER CURIAM:

Appellant, convicted by a jury of the felony murder of a pedestrian on a city street, argues that the evidence was insufficient to show his participation in the attack and robbery which led to the death of the pedestrian and that the trial judge erred to his prejudice when he withdrew from the consideration of the jury the assault and larceny counts of the robbery indictment.

An eyewitness, a neighbor of...

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