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KELLY v. STATE

[No. 33, September Term, 1973.]

270 Md. 139 (1973)

310 A.2d 538

KELLY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided October 31, 1973.

Attorney(s) appearing for the Case

Michael E. Kaminkow, Assigned Public Defender, for appellant.

David B. Allen, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

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

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

The petitioner, Christopher Columbus Kelly, following his manslaughter conviction by a jury in the Criminal Court of Baltimore, appealed to the Court of Special Appeals which affirmed in Kelly v. State, 16 Md.App. 533, 298 A.2d 470 (1973). We granted certiorari in order to examine the propriety of the "Allen-type"1...

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