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BROWN v. STATE

No. 116, September Term, 1970.

10 Md. App. 462 (1970)

271 A.2d 182

DAVID PHILLIP BROWN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 1, 1970.

Attorney(s) appearing for the Case

Thomas G. Bodie for appellant.

Donald Needle, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Samuel A. Green, Jr., State's Attorney for Baltimore County, and Stuart E. Hush, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before ORTH, THOMPSON, and MOYLAN, JJ.

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

On 18 April 1966 David Phillip Brown (appellant) and Jerry Wayne Montgomery were jointly indicted, the grand jury of Baltimore County presenting that on 4 May 1965 they "* * * feloniously, wilfully and of their deliberately premeditated malice aforethought, did kill and murder Richard Leroy Greene * * *." On June 2, 1967 the Circuit Court for Baltimore County denied appellant's

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