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STATE v. STANLEY

No. 921, September Term, 1976.

34 Md. App. 393 (1977)

367 A.2d 27

STATE OF MARYLAND v. ALBERT LOUIS STANLEY.

Court of Special Appeals of Maryland.

Decided January 3, 1977.

Attorney(s) appearing for the Case

Bruce C. Spizler, Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the memorandum in behalf of appellant.

James A. Gede for appellee.

The cause was argued before GILBERT, C.J., and MORTON and MELVIN, JJ.

GILBERT, C.J., delivered the opinion of the Court.

At the conclusion of a two-day non-jury murder trial in the Circuit Court for Baltimore County, the trial judge said:

"There is no question in my mind that under the evidence that is now in front of me, that the State has not made out a case, not even a prima facie case. Therefore, the charges are dismissed against the Defendant." (Emphasis supplied.)

Ordinarily, those words would have terminated...

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