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LINDSAY v. STATE

No. 70, September Term, 1969.

8 Md. App. 100 (1969)

258 A.2d 760

RICHARD WAYNE LINDSAY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 17, 1969.

Attorney(s) appearing for the Case

Norman Hochberg for appellant.

James F. Truitt, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Howard L. Cardin, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was submitted to MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

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

Richard Wayne Lindsay, the appellant, has been thrice convicted of the murder of James Brown on 26 May 1963. The first conviction was invalidated by his election to void the indictment under the Schowgurow decision.1 He was re-indicted on 12 May 1966 and his conviction of murder in the second degree under that indictment was set aside by this Court for the reason that the testimony of...

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