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DORSEY AND WILSON v. STATE

No. 301, September Term, 1975.

29 Md. App. 97 (1975)

349 A.2d 414

JOSEPHINE DORSEY AND ISAIAH SYLVESTER WILSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 28, 1975.

Attorney(s) appearing for the Case

Harold I. Glaser, with whom was Richard M. Karceski on the brief, for appellant Dorsey.

R. Lewis Bainder, Assigned Public Defender, for appellant Wilson.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Stephen R. Tully, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, GILBERT and MELVIN, JJ.

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

This case deals with yet another aspect of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975), as applied to the law of homicide in Maryland by Evans v. State, 28 Md.App. 640, 349 A.2d 300. It is, indeed, a variation on Brown v. State, 29 Md.App. 1

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