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GARLAND v. STATE

No. 876, September Term, 1974.

29 Md. App. 27 (1975)

349 A.2d 374

MICHAEL SEAN GARLAND v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 26, 1975.

Attorney(s) appearing for the Case

Argued and reargued by William H. Murphy, Jr., for appellant.

Argued and reargued by Alexander L. Cummings, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Joseph F. Lyons, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, MOORE and MASON, JJ., and reargued before ORTH, C.J., and MOYLAN and GILBERT, JJ.

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

The appellant, Michael Sean Garland, was convicted in the Circuit Court for Montgomery County by a jury of both murder in the second degree and the unlawful use of a handgun. The case had been removed from Baltimore City. The appeal before us was originally argued on April 10, 1975. Following the decision of the Supreme Court in the case of Mullaney v. Wilbur, 421 U.S. 684, 95 S...

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