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MOBLEY AND KING v. STATE

[No. 32, September Term, 1973.]

270 Md. 76 (1973)

310 A.2d 803

MOBLEY AND KING v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motions for rehearing filed November 21, 1973.

Denied November 26, 1973.

Attorney(s) appearing for the Case

William A. Hahn, Jr., for appellant Mobley and Mark P. Hanley, Jr., Assigned Public Defender, for appellant King.

Josef E. Rosenblatt, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Edward F. Borgerding, Assistant Attorney General, Samuel A. Green, Jr., State's Attorney for Baltimore County, and Severn A. Lanier, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.

MURPHY, C.J., delivered the opinion of the Court. DIGGES and LEVINE, JJ., dissent and LEVINE, J., filed a dissenting opinion in which DIGGES, J., concurs at page 90 infra.

The appellants were convicted at a court trial of robbery with a deadly weapon and each was sentenced to eighteen years imprisonment. In King and Mobley v. State, 16 Md.App. 546, 298 A.2d 446 (1973), the Court...

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