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GILMORE v. STATE

[No. 26, September Term, 1971.]

263 Md. 268 (1971)

283 A.2d 371

GILMORE v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 9, 1971.

Attorney(s) appearing for the Case

Jerome A. Dashner for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Arrie W. Davis, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

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

We shall here affirm convictions of murder in the first degree and robbery. The death sentence was imposed on the murder charge which brought the appeal to this Court. The sentence for robbery was 10 years to be served consecutively to the murder sentence. The trial judge said:

"This may seem to be an incongruity and a contradiction in and of itself, but the Court is directing that the sentence on the robbery...

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