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THOMAS v. STATE

No. 231, September Term, 1975.

29 Md. App. 45 (1975)

349 A.2d 384

DONALD LEROY THOMAS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 26, 1975.

Attorney(s) appearing for the Case

Robert C. Heeney and Joseph M. Quirk, Assigned Public Defenders, with whom were Heeney, McAuliffe, Rowan & Abell on the brief, for appellant.

Bernard A. Raum, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and William J. Hickey, Jr., Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MOYLAN, POWERS and LOWE, JJ.

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

A review of the convictions of the appellant, Donald Leroy Thomas, by a Montgomery County jury, presided over by Judge John F. McAuliffe, for 1) assault with intent to murder and 2) the use of a handgun to perpetrate a felony gives us the opportunity to assess the impact of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975), upon a jury instruction dealing exclusively...

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