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BARTHOLOMEY v. STATE

[No. 106, September Term, 1970.] [No. 386, September Term, 1971.] [Misc. No. 2, September Term, 1972.] [Misc. No. 3, September Term, 1972.]

267 Md. 175 (1972)

297 A.2d 696

BARTHOLOMEY v. STATE OF MARYLAND JOYNER v. STATE OF MARYLAND ARRINGTON v. STATE OF MARYLAND STERLING v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided December 4, 1972.

Attorney(s) appearing for the Case

Alan H. Murrel, Public Defender, with whom were Elsbeth Levy Bothe and Arnold M. Zerwitz, Assistant Public Defenders, on the brief, for appellants in No. 106, Misc. No. 2 and Misc. No. 3.

R. Kenneth Munday, with whom was Joseph L. Gibson, Jr., on the brief, for appellant in No. 386.

Francis B. Burch, Attorney General, with whom were Edward F. Borgerding and Clarence W. Sharp, Assistant Attorneys General, on the brief in No. 106, Misc. No. 2 and Misc. No. 3, and David B. Allen, Assistant Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Robert W. King, Assistant State's Attorney for Prince George's County, on the brief in No. 386, for appellee.

The causes were argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH and LEVINE, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Special Appeals (now Chief Judge of the Court of Special Appeals), specially assigned.

MURPHY, C.J., delivered the opinion of the Court. BARNES and SMITH, JJ., dissent; BARNES, J., filed a dissenting opinion in which SMITH, J., concurs at page 197 infra and SMITH, J., filed a dissenting opinion at page 221 infra.

I

On December 8, 1968, in the course of escaping from lawful confinement in the Wicomico County jail, Joseph James Bartholomey shot and killed two peace officers. He was found guilty by a jury on two counts of murder...

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