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STATE v. FOSTER

[No. 63, September Term, 1971.]

263 Md. 388 (1971)

283 A.2d 411

STATE OF MARYLAND v. FOSTER

Court of Appeals of Maryland.

Decided November 11, 1971.

Attorney(s) appearing for the Case

William E. Brannan, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Edward F. Borgerding, Assistant Attorney General, and Charles E. Moylan, Jr., State's Attorney for Baltimore City, on the brief, for appellant.

Jack B. Rubin and Karl H. Goodman for appellee.

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

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

Andre Van Lear Foster (the defendant) along with Charles Harrison, William Frazier and Herbert Simms, was indicted in the Criminal Court of Baltimore for conspiring to murder and murdering Elsie Johnson, a sixteen year old girl, in the early morning hours of May 28, 1969. With Judge J. Gilbert Prendergast presiding, the case was called for trial against only Harrison and Foster...

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