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MILLER v. STATE

[No. 385, September Term, 1967.]

251 Md. 362 (1968)

247 A.2d 530

MILLER v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 12, 1968.

Attorney(s) appearing for the Case

John C. Sullivan for appellant.

Alfred J. O'Ferrall, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Thomas N. Biddison, Jr., Asst. Attorney General, and Donald W. Mason, State's Attorney for Allegany County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, FINAN, SINGLEY and SMITH, JJ.

MARBURY, J., delivered the opinion of the Court. BARNES, J., concurred in the result and filed a concurring opinion. See p. 383 infra.

On October 30, 1967, the appellant, Gary Lee Miller, was convicted of murder in the first degree in the Circuit Court for Allegany County, Judges Naughton and Getty presiding without a jury. On November 16, 1967, he was sentenced by the court to suffer death by the administration of a lethal gas. From that sentence he has appealed...

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