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FOSTER v. STATE

No. 167, September Term, 1970.

11 Md. App. 40 (1971)

272 A.2d 810

ANDRE VAN LEAR FOSTER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 25, 1971.

Attorney(s) appearing for the Case

Karl H. Goodman, with whom was Jack Rubin on the brief, for appellant.

William E. Brannan, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Joseph B. Harlan and Peter D. Ward, Assistant State's Attorneys for Baltimore City, on the brief, for appellee.

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

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

Appellant Foster was jointly indicted with William Frazier, Charles Harrison, and Herbert Simms for conspiring to murder and murdering Elsie Johnson on May 28, 1969. Frazier and Harrison were additionally jointly indicted as accessories before and after the fact to the murder. The case against appellant, Harrison, and Frazier was called for trial on February 2, 1970. Frazier's motion for a severance was granted. Appellant...

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