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FLETCHER v. STATE

No. 58, September Term, 1969.

8 Md. App. 153 (1969)

258 A.2d 781

JOHN FRANCIS FLETCHER, A/K/A LOUIS BERNARD STEWART, BENJAMIN IGNATIUS NICHOLS, AND GEORGE ARTHUR HAMILTON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 19, 1969.

Attorney(s) appearing for the Case

James C. Chapin for appellant Hamilton, Hugh L. Reilly for appellant Fletcher, and Bruce R. Harrison (on brief) for appellant Nichols.

Donald Needle, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, State's Attorney for Prince George's County, and Joseph J. Bonner, Assistant State's Attorney for Prince George's Country, 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.

The appellants, John Francis Fletcher, Benjamin Ignatius Nichols and George Arthur Hamilton, were convicted of grand larceny in a joint trial by a jury in the Circuit Court for Prince George's County.

It is contended, inter alia, that the presiding judge abused his discretion by "giving, sua sponte, the `Allen charge' after only fifty-five minutes of...

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