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DUNCAN AND SMITH v. STATE

No. 967, September Term, 1974.

27 Md. App. 302 (1975)

340 A.2d 722

SHERMAN DUNCAN ALIAS JAMES FITZ AND CORNELL SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 30, 1975.

Attorney(s) appearing for the Case

Dennis M. Henderson, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Arnold M. Zerwitz, Assistant Public Defender, on the brief, for appellants.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Robert S. Rothenhoefer, State's Attorney for Frederick County, on the brief, for appellee.

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

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

Courts occasionally leap headlong into the merits of a controversy with scant thought to the preliminary question of whether the controversy is even justiciable in the first instance. This appeal permits us to linger upon the threshold and to explore the fascinating, though frequently overlooked, contours, peculiar characteristics and procedural mysteries of the threshold...

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