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STATE v. DUBOSE

No. 626, September Term, 1972.

17 Md. App. 292 (1973)

301 A.2d 32

STATE OF MARYLAND v. ERNEST DUBOSE.

Court of Special Appeals of Maryland.

Decided March 9, 1973.

Attorney(s) appearing for the Case

George A. Eichhorn, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Elias Silverstein, Assistant State's Attorney for Prince George's County, on the brief, for appellant.

Bruce R. Harrison for appellee.

The cause was argued before ORTH, C.J., and MOYLAN and CARTER, JJ.

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

On 11 July 1972 an indictment was returned in the Circuit Court for Prince George's County presenting that on 7 May 1972 ERNEST DUBOSE "feloniously, wilfully and of his deliberately premeditated malice aforethought, did murder James Smith." On 20 October 1972 the Circuit Court for Prince George's County granted a motion by defense counsel to dismiss the indictment. The State appealed. State v. Hunter, ...

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