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MONTGOMERY v. STATE

No. 238, September Term, 1967.

4 Md. App. 473 (1968)

243 A.2d 620

GARY MONTGOMERY AND MARION L. MONTGOMERY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Robert L. Carson for appellants.

Bernard L. Silbert, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Robert W. Baker, Assistant State's Attorney for Baltimore City, 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 appellants were indicted on 14 October 1964, tried in the Criminal Court of Baltimore on 25 November 1964, convicted by the court without a jury of robbery with a deadly weapon and each sentenced to imprisonment for a term of 20 years. Each noted a timely appeal. On 12 January 1966 the Court of Appeals remanded the cases for further proceedings under the decision in Schowgurow v. State, 240 Md...

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