BOONE v. STATE

No. 1285, September Term, 1975.

33 Md. App. 1 (1976)

363 A.2d 550

MORTON ROBERT BOONE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 17, 1976.


Attorney(s) appearing for the Case

William F. Mosner for appellant.

Albert Gallatin Warfield, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew Sonner, State's Attorney for Montgomery County, and Steven A. Shaw, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MOYLAN, MOORE and MASON, JJ.


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

The appellant, Morton Robert Boone, was convicted in the Circuit Court of Montgomery County by a jury, presided over by Judge David L. Cahoon, of murder in the second degree and a violation of the handgun law. Because of obviously extenuating circumstances, factually if not legally, the jury gratuitously added to its verdict a recommendation of mercy. The judge sentenced the appellant to a term of ten years for the second...

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