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SMITH v. STATE

No. 111, September Term, 1972.

16 Md. App. 317 (1972)

295 A.2d 802

WALTER WILLIAM SMITH, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 26, 1972.

Attorney(s) appearing for the Case

Gerald Adler for appellant.

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

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

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

In his second trial, Walter William Smith, Jr., appellant, was convicted by a jury in the Criminal Court of Baltimore, presided over by Judge David Ross, of robbery and assault with intent to murder. Appellant was sentenced to two concurrent 12 year sentences dating from September 3, 1969.1

Appellant's first conviction was reversed by this Court and the case was remanded for a new...

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