SMITH v. STATE

[No. 50, September Term, 1974.]

273 Md. 152 (1974)

328 A.2d 274

SMITH v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for rehearing filed December 19, 1974.

Denied and opinion modified January 6, 1975.


Attorney(s) appearing for the Case

Jack B. Rubin and Lee Gordon, Assigned Public Defenders, for appellant.

James I. Keane, 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 SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


LEVINE, J., delivered the opinion of the Court. SMITH and O'DONNELL, JJ., dissent and SMITH, J., filed a dissenting opinion in which O'DONNELL, J., concurs at page 163 infra.

After being convicted of murder in the second degree in the Criminal Court of Baltimore, appellant took an appeal to the Court of Special Appeals. There, she unsuccessfully sought to attack her conviction on three grounds. The decision on one of those grounds has led to this further appeal...

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