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HOLLOWAY v. STATE

No. 527, September Term, 1971.

14 Md. App. 703 (1972)

288 A.2d 652

CLARENCE HOLLOWAY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 22, 1972.

Attorney(s) appearing for the Case

Howard L. Cardin for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Leslie L. Gladstone, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, THOMPSON and POWERS, JJ.

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

CLARENCE HOLLOWAY, convicted at a bench trial in the Criminal Court of Baltimore of making an assault upon Billy Anderson and sentenced on 7 May 1971 to 60 days accounting from 23 February 1971 would have us reverse the judgment on the ground that his prosecution was barred by collateral estoppel.

I

The doctrine of Benton v. Maryland,

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