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DUNCAN v. STATE

No. 83, September Term, 1968.

5 Md. App. 440 (1968)

248 A.2d 176

DONALD WAYNE DUNCAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 20, 1968.

Attorney(s) appearing for the Case

Livingston W. Yourtee for appellant.

Alfred J. O'Ferrall, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Julian B. Stevens, State's Attorney for Anne Arundel County, and Ronald M. Naditch, Assistant State's Attorney for Anne Arundel 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.

The appellant and a co-defendant1 were jointly indicted for robbery and jointly tried in the Circuit Court for Anne Arundel County by the court without a jury. The appellant was found guilty of robbery (1st count) and malicious mischief2 proscribed by Md. Code, (1967 Repl. Vol.), Art. 27, § 111 (7th count) and a general sentence of imprisonment for a term of...

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