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ALLEN v. STATE

[No. 164, September Term, 1962.]

230 Md. 533 (1963)

188 A.2d 159

ALLEN v. STATE

Court of Appeals of Maryland.

Decided February 5, 1963.

Attorney(s) appearing for the Case

W.A.C. Hughes, Jr., for the appellant.

Robert C. Murphy, Deputy Attorney General, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell, State's Attorney for Baltimore City, and George J. Helinski, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, HORNEY and SYBERT, JJ.

PER CURIAM:

The defendant appeals from a conviction of first degree murder, without capital punishment, and the sentence of life imprisonment prescribed therefor by statute. He contends that he, as well as the deceased, had been drinking heavily on the night of the shooting and that he was consequently incapable of the premeditation which must be proven in order to sustain a charge of first degree murder.

There is evidence that the defendant and the deceased...

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