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HOWELL AND KASCHENBACH v. STATE

No. 401, September Term, 1975.

29 Md. App. 646 (1976)

350 A.2d 145

LOWELL DOUGLAS HOWELL, JR. AND LEONARD FRANCIS KASCHENBACH, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 5, 1976.

Attorney(s) appearing for the Case

Raymond M. Faby, Assigned Public Defender, for appellant Lowell Douglas Howell, Jr. James J. Fabian, with whom was John W. Pfeifer on the brief, for appellant Leonard Francis Kaschenbach, Jr.

Gilbert H. Robinette, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Sandra A. O'Connor, State's Attorney for Baltimore County, and William S. Townsend, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before ORTH, C.J., and MORTON and LOWE, JJ.

ORTH, C.J., delivered the opinion of the Court. LOWE, J., dissents and filed a dissenting opinion at page 659 infra.

I

The primary issue in this appeal is whether the tear gas gun in this case is a handgun within the contemplation of Code, art. 27, § 36B (d), proscribing the unlawful use of a handgun in the commission of certain crimes. We hold that it is.

STATEMENT OF CASE

Lowell Douglas Howell, Jr. and Leonard Francis...

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