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BURKO v. STATE

No. 278, September Term, 1973.

19 Md. App. 645 (1974)

313 A.2d 864

JEFFREY AARON BURKO v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 7, 1974.

Attorney(s) appearing for the Case

Karl G. Feissner, with whom were Feissner, Kaplan, Smith, Joseph & Greenwald on the brief, for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, George A. Eichhorn, III, Assistant Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and William T. Wood, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MORTON, THOMPSON and GILBERT, JJ.

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

At 7:30 P.M. on March 9, 1972, Detective Lieutenant Donald A. Robertson died as the direct result of a gunshot, wound to the head. The fatal shot had been fired from the inside of the trunk of an automobile then parked in the garage of the Montgomery County Police Department. Other police officers fired approximately thirty-five (35) bullets into the body of the gunman who was secreted in the trunk, but there was evidence...

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