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STEWART v. STATE

No. 278, September Term, 1967.

4 Md. App. 565 (1968)

244 A.2d 452

HARVEY LEE STEWART v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 23, 1968.

Attorney(s) appearing for the Case

Francis X. Gaegler for appellant.

Fred Oken, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Arthur A. Marshall, Jr., 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.

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

Appellant was tried by a jury in the Circuit Court for Prince George's County on an indictment charging rape, assault with intent to rape, and assault and battery. He was found not guilty of rape, but guilty of assault with intent to rape without capital punishment. No verdict was returned by the jury on the assault and battery charge.1 The court sentenced appellant to twenty years under...

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