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NEWKIRK v. STATE

No. 1145, September Term, 1975.

32 Md. App. 621 (1976)

363 A.2d 637

JAMES HENDERSON NEWKIRK A/K/A GREGORY SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 15, 1976.

Attorney(s) appearing for the Case

Robert W. Baker, Jr., Assigned Public Defender, for appellant.

Bruce C. Spizler, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and David Katz, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ROBERT C. MURPHY, Chief Judge of the Court of Appeals, ROBERT E. CLAPP, JR., Associate Judge of the Sixth Judicial Circuit, and ROBERT L. KARWACKI, Associate Judge of the Eighth Judicial Circuit, all specially assigned.

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

Appellant Newkirk was charged in the Criminal Court of Baltimore with the murder of Ronald Rice, using a handgun in the commission of that offense, and of assaulting Reginald Rice with intent to murder him.

According to prosecution evidence adduced at the trial, the appellant made a homosexual advance toward James Nicholson in the presence of his brother Broderick and the two Rice brothers. James struck the appellant...

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