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SHERRILL v. STATE

No. 246, September Term, 1971.

14 Md. App. 146 (1972)

286 A.2d 528

KYLE WINSTON SHERRILL v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 27, 1972.

Attorney(s) appearing for the Case

Robert C. Heeney, with whom were William F. Abell, Jr., and Heeney, McAuliffe & McAuliffe on the brief, for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and William A. Linthicum, Jr., State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and MOYLAN and GILBERT, JJ.

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

Appellant was indicted on June 2, 1970 for the alleged kidnapping on September 26, 1969 of six year old Julianne Voell, and for having assaulted and committed an unnatural and perverted sexual act upon her on the same date. At his arraignment on June 19, 1970 appellant pleaded that he was insane at the time of the commission of the alleged crimes. At that time the test of responsibility for criminal conduct was contained...

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