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McCHAN v. STATE

No. 267, September Term, 1969.

9 Md. App. 317 (1970)

264 A.2d 133

GEORGE McCHAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 14, 1970.

Attorney(s) appearing for the Case

David B. Allen (Milton B. Allen on the brief) for appellant.

T. Joseph Touhey, Assistant State's Attorney, with whom were Francis B. Burch, Attorney General, Julian B. Stevens, Jr., State's Attorney for Anne Arundel County, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Robert C. Ozer, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MORTON, ORTH, and THOMPSON, JJ., and McWILLIAMS, J., Associate Judge of the Court of Appeals, specially assigned.

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

George McChan (appellant), charged with the murder of Albert Poland Polotsky, was tried by a jury in the Circuit Court for Anne Arundel County.1 The jury rendered a verdict of guilty of murder in the first degree, adding thereto the words "without capital punishment." See Code, Art. 27, § 413. The two questions presented on appeal involve the...

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