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McKAY v. STATE

No. 1290, September Term, 1975.

32 Md. App. 451 (1976)

362 A.2d 666

JOHNNY McKAY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 29, 1976.

Attorney(s) appearing for the Case

Arnold M. Zerwitz and George E. Burns, Jr., Assistant Public Defenders, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Albert Gallatin Warfield, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Gordon Boone, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before THOMPSON, MOORE and LOWE, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Appeals of Maryland, specially assigned.

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

Johnny McKay went to trial before a jury in the Criminal Court of Baltimore upon a general plea of not guilty to an indictment presenting that he committed armed robbery and seven related offenses. The trial ran a normal course to the retirement of the jury to consider their verdicts. The State presented its case. Motions for judgment of acquittal to all but the first count...

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