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SWANSON v. STATE

No. 483, September Term, 1969.

9 Md. App. 594 (1970)

267 A.2d 270

LOUIS EDWARD SWANSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 30, 1970.

Attorney(s) appearing for the Case

Morris Lee Kaplan for appellant.

T. Joseph Touhey, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and James B. Dudley, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

MURPHY, C.J., delivered the opinion of the Court.

Charged with the crime of rape in the Criminal Court of Baltimore, appellant filed a written plea of insanity at the time of the commission of the offense. Pursuant to Maryland Code, Article 59, Section 9(b), he was referred to the Department of Mental Hygiene and more particularly to the Clifton Perkins State Hospital for evaluation as to his sanity.1 The Department's report indicated...

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