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JOHNSON v. STATE

No. 118, Initial Term, 1967.

2 Md. App. 235 (1967)

234 A.2d 167

ROBERT LEE JOHNSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 20, 1967.

Attorney(s) appearing for the Case

William Carruth for appellant.

S. Leonard Rottman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Donaldson C. Cole, Jr., State's Attorney for Cecil County, on the brief, for appellee.

The cause was argued before ANDERSON, MORTON, ORTH, and THOMPSON, JJ., and PRETTYMAN, J., Associate Judge of the First Judicial Circuit, specially assigned.

PER CURIAM (PRETTYMAN, J., dissents in part).

On January 18, 1966, after a favorable ruling by the Court upon his motion for severance, Robert Lee Johnson was found guilty by a jury on all counts of a five-count Indictment. The First Count charged the Appellant, together with a certain Robert Leo Webster, Robert Marion Owens and Ellsworth Leroy Stewart, with assault with intent to rape a certain Maureen Ruby Dye on September 8, 1965; the Second Count charged the Appellant...

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