COLE v. STATE

No. 600, September Term, 1970.

12 Md. App. 379 (1971)

277 A.2d 248

CARL MAURICE COLE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 24, 1971.


Attorney(s) appearing for the Case

Richard L. Stack for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Julian B. Stevens, Jr., State's Attorney for Anne Arundel County, and Ronald M. Naditch, Assistant State's Attorney for Anne Arundel County, on the brief, for appellee.

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


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

The sole question presented in this appeal is: Did the trial judge abuse his discretion in denying appellant's request to withdraw his waiver of a jury trial? We hold the discretion was abused.

After a bench trial, appellant, Carl Maurice Cole, was convicted of armed robbery by the Circuit Court for Anne Arundel County and sentenced to a term of fifteen years. Immediately prior to the trial and after some discussion...

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