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WILHELM v. STATE

[No. 277, September Term, 1973.] [No. 283, September Term, 1973.]

272 Md. 404 (1974)

326 A.2d 707

WILHELM v. STATE OF MARYLAND COOK v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 26, 1974.

Attorney(s) appearing for the Case

George E. Burns, Jr., and Arnold M. Zerwitz, Assistant Public Defenders for appellant Charles Edward Wilhelm.

Arnold M. Zerwitz, Assistant Public Defender, with whom was George E. Burns, Jr., Assistant Public Defender, on the brief, for appellant Kevin Exavier Cook.

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 State of Maryland in No. 277.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee State of Maryland in No. 283.

O'DONNELL, J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., dissent in No. 277 and LEVINE, J., filed a dissenting opinion in which ELDRIDGE, J., concurs at page 446 infra.

The appellant Charles Edward Wilhelm following a jury trial (MacDaniel, J., presiding) in the Circuit Court for Baltimore County, was convicted of assault with intent to murder [a police officer], with resisting arrest and with the unlawful use of a handgun in the commission...

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