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STATE v. HOWARD

No. 132, September Term, 1968.

7 Md. App. 429 (1969)

256 A.2d 192

STATE OF MARYLAND v. ISAAC CLYDE HOWARD.

Court of Special Appeals of Maryland.

Decided August 6, 1969.

Attorney(s) appearing for the Case

Francis B. Burch, Attorney General, and Charles E. Moylan, Jr., State's Attorney for Baltimore City, for applicant.

Theodore Losin for respondent.

Before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

PER CURIAM:

This is an application for leave to appeal filed by the State of Maryland from an order of Judge Thomas J. Kenney in the Criminal Court of Baltimore, dated December 2, 1968, awarding Isaac Howard a new trial on the ground that at his original trial he was convicted by the court sitting without a jury without first having affirmatively waived his constitutional right to a trial by jury.

Following an evidentiary...

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