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GRAY v. STATE

No. 132, September Term, 1970.

10 Md. App. 478 (1970)

271 A.2d 390

RONALD GRAY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 1, 1970.

Attorney(s) appearing for the Case

Stephen A. Tarrant, Assistant Public Defender Of Harford County, with whom was Harry C. Engel, Jr., Public Defender of Harford County, on the brief, for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Edwin H.W. Harlan, Jr., State's Attorney for Harford County, on the brief, for appellee.

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

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

The conviction of Ronald Gray of the robbery of Howard M. Smith, Sr., rendered by a jury in the Circuit Court for Harford County, and the sentence of 10 years imposed thereon are affirmed. His conviction of assaulting and beating Mr. Smith and the consecutive sentence of 5 years imposed thereon are vacated; in the circumstances here the offense of assault and battery merged into the conviction of robbery.

MERGER...

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