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MILLER v. STATE

No. 256, Initial Term, 1967.

1 Md. App. 653 (1967)

232 A.2d 548

JOHN EDWARD MILLER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided August 17, 1967.

Attorney(s) appearing for the Case

E. Thomas Maxwell, Jr., and G. Denmead LeViness for appellant.

Francis B. Burch, Attorney General, Frank A. DeCosta, Jr., Assistant Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and James Dudley, Assistant State's Attorney for Baltimore City, for appellee.

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

PER CURIAM:

John Edward Miller was tried on July 18, 1966, before Judge Shirley B. Jones, and found guilty of assault. On September 26, 1966, he was sentenced to five years in the Maryland Correctional Institution. From that judgment, he filed an appeal to this court on October 11, 1966, contending that the sentence constituted cruel and unusual punishment, that his trial counsel was incompetent, and that the evidence was insufficient to sustain a verdict of guilty...

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