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SMITH v. STATE

No. 90, September Term, 1974.

23 Md. App. 177 (1974)

325 A.2d 902

ROBERT WESLEY SMITH, ROBERT JOHN YOUNG, GUY THURSTON MARSHALL AND FRED GRAVES A/K/A SAMUEL EDWARD BROWN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 18, 1974.

Attorney(s) appearing for the Case

Henry J. Monahan, Assigned Public Defender, for appellant.

Submitted on brief by Francis B. Burch, Attorney General, Martin M. Mrozinski, Assistant Attorney General and Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Joseph C. Sauerwein, Deputy State's Attorney for Prince George's County, for appellee.

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

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

On 13 March 1973 five men engaged in a holdup at the Canteen Corporation in Landover, Maryland. A silent alarm was actuated and the police arrived, surprising the robbers on the premises flagrante delicto. A gun battle ensued. One of the felons was killed and the other four, ROBERT WESLEY SMITH, ROBERT JOHN YOUNG, GUY THURSTON MARSHALL, and FRED GRAVES, also known as Samuel Edward Brown, were apprehended.

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