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LOKER v. STATE

[No. 323, September Term, 1967.]

250 Md. 677 (1968)

245 A.2d 814

LOKER v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for rehearing filed October 25, 1968.

Denied November 5, 1968.

Certiorari denied February 24, 1969.

Attorney(s) appearing for the Case

James E. Hogan, with whom was Arthur J. Hilland on the brief, for appellant.

Frank A. DeCosta, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General and Joseph D. Weiner, State's Attorney for St. Mary's County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, SINGLEY, SMITH, JJ. and KEATING, J., Associate Judge of the Second Judicial Circuit, specially assigned, RUTLEDGE, J., Associate Judge of the Fourth Judicial Circuit, specially assigned, and CLAPP, J., Associate Judge of the Sixth Judicial Circuit, specially assigned.

Certiorari denied, Supreme Court of the United States, February 24, 1969.

CLAPP, J., delivered the majority opinion of the Court BARNES, J., dissents. Dissenting opinion by Barnes, J., at page 689 infra.

This case is here on writ of certiorari to the Court of Special Appeals issued pursuant to Sec. 21A of Art. 5 of the Annotated Code of Maryland (1968 Repl. Vol.). On May 24, 1966, the appellant was convicted by a jury in the Circuit Court for St.

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