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SMITH v. STATE

No. 176, Initial Term, 1967.

2 Md. App. 72 (1967)

233 A.2d 371

WILLIAM EDGAR SMITH AND DAVID LEE WHISMAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 26, 1967.

Attorney(s) appearing for the Case

William B. McDanald for appellant Smith, and Joseph E. O'Brien for appellant Whisman.

Richard M. Pollitt, Special Attorney, with whom were Francis B. Burch, Attorney General, Leonard T. Kardy, State's Attorney for Montgomery County, and Charles C. Futterer, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

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

CHILDS, J., delivered the opinion of the Court.

William Edgar Smith and David Lee Whisman were both indicted in Montgomery County on the charges of rape, assault with intent to rape and assault. They were tried together before a jury and on June 10, 1966, Whisman was found guilty of rape, and Smith found guilty of assault. On this joint appeal, Whisman contends that he was denied his constitutional right when the presiding judge denied his request for removal, while...

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