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MONTGOMERY v. STATE

No. 562, September Term, 1971.

15 Md. App. 7 (1972)

288 A.2d 628

JERRY WAYNE MONTGOMERY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 23, 1972.

Attorney(s) appearing for the Case

John F. Fader, II, for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Donaldson C. Cole, Jr., State's Attorney for Cecil County, and John J. Lucas, Assistant State's Attorney for Cecil County, on the brief, for appellee.

The cause was argued before ORTH, MOYLAN and GILBERT, JJ.

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

The verdict of the jury in the Circuit Court for Cecil County, returned on 22 April 1971, at the third trial of JERRY WAYNE MONTGOMERY for the felonious homicide of Richard Leroy Greene was guilty of murder in the first degree.1 On 1 June 1971 the death penalty was imposed with the proviso that if it were reduced to a lesser sentence, such lesser...

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