MARBURY, J., delivered the opinion of the Court.
The appellant, Henry C. Tate, was tried and convicted of assault with intent to murder, by Judge Harris, sitting without a jury. He was sentenced to imprisonment in the Maryland Penitentiary for a period of five years. From that judgment and sentence he appeals.
On the evening of October 20, 1961, approximately fourteen men were engaged in drinking and shooting "crap" in an alley in Baltimore City. After drinking...
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