BURKS v. STATE

No. 17, Initial Term, 1967.

1 Md. App. 81 (1967)

227 A.2d 355

RUSSELL EUGENE BURKS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 14, 1967.


Attorney(s) appearing for the Case

Gerard Wm. Wittstadt, with whom was L. Robert Evans on the brief, for appellant.

Dickee M. Howard, Special Attorney, Attorney General's Office, with whom were Robert C. Murphy, former Attorney General, Frank H. Newell, III, State's Attorney for Baltimore County, and James A. Gede, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

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


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

This is an appeal from the Circuit Court for Baltimore County wherein the Appellant, Russell Eugene Burks, and a co-defendant were tried together by the Court, without a jury, upon a five-count indictment. After pleas of not guilty, both defendants were convicted on the first count, charging robbery with a deadly weapon, and on the fifth count, charging assault, and sentenced to ten years in the Maryland Penitentiary...

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