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CLEVELAND v. STATE

No. 578, September Term, 1970.

12 Md. App. 712 (1971)

280 A.2d 520

JAMES WILLIE CLEVELAND v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided August 12, 1971.

Attorney(s) appearing for the Case

James F. Garrity for appellant.

James F. Truitt, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and William Parsons Fennell, State's Attorney for Kent County, on the brief, for appellee.

The cause was argued before THOMPSON, CARTER and GILBERT, JJ.

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

This is the second appeal to this court by James Willie Cleveland. We reversed and remanded for a new trial the first conviction of the Appellant in Cleveland v. State, 8 Md.App. 204 (1969). Upon retrial Cleveland was again convicted of armed robbery and assault and battery and received sentences of 20 years and 5 years, respectively,

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