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DEAVER AND DIGIOIA v. STATE

No. 632, September Term, 1975.

30 Md. App. 263 (1976)

350 A.2d 723

JOHN CLARKE DEAVER AND FRANK DIGIOIA v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 3, 1976.

Attorney(s) appearing for the Case

Submitted by Michael J. Lambros for appellant Deaver. Submitted by Russell J. White and Robert N. Dugan for appellant Digioia.

Submitted by Francis B. Burch, Attorney General, Gilbert Rosenthal, Assistant Attorney General, Sandra A. O'Connor, State's Attorney for Baltimore County, and Steven J. Scheinin, Assistant State's Attorney for Baltimore County, for appellee.

The cause was submitted on briefs to MORTON, MELVIN and MASON, JJ.

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

On May 8, 1975, after a non-jury trial in the Circuit Court for Baltimore County, the appellants, John Clarke Deaver and Frank Digioia, were found guilty of armed robbery. In this appeal they contend the evidence presented to the trial judge was not sufficient to support the guilty verdicts. We agree and shall vacate the judgments of conviction.

The scope of our review in assessing the sufficiency of the evidence...

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