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JENKINS v. STATE

No. 116, September Term, 1967.

3 Md. App. 243 (1968)

238 A.2d 922

JAMES ROBERT JENKINS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 27, 1968.

Attorney(s) appearing for the Case

Fred Warren Bennett for appellant.

Alfred J. O'Ferrall, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and James E. Kenkel, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

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

On June 29, 1962 an indictment was returned against the appellant charging him with "assault with intent to kill and murder" and assault and battery. On December 10, 1962 he was tried in the Circuit Court for Prince George's County, by the court sitting without a jury. The court rendered its verdict as follows:

"* * * the defendant is guilty of assault with intent to kill, being the first count of the indictment...

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