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MERRICK v. STATE

[No. 111, September Term, 1977.]

283 Md. 1 (1978)

389 A.2d 328

LAWRENCE MAURICE MERRICK v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for reconsideration filed June 20, 1978.

Denied August 17, 1978.

Attorney(s) appearing for the Case

Irwin M. Brown, Assigned Public Defender, with whom were Alan H. Murrell, Public Defender, Dennis M. Henderson and George E. Burns, Jr., Assistant Public Defenders, and Arnold M. Zerwitz, Assigned Public Defender, on the brief, for appellant.

F. Ford Loker, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Clarence W. Sharp and Gilbert H. Robinette, Assistant Attorneys General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

ORTH, J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., dissent and LEVINE, J., filed a dissenting opinion in which ELDRIDGE, J., joins at page 20 infra.

On 20 October 1975, Lawrence Maurice Merrick, Joyce Marcine Williamson and Nelson Leroy Boone were jointly indicted by the grand jury for Baltimore County. The indictment presented that on 5 October 1975 they "wilfully and of deliberately premeditatedly malice aforethought" murdered (1st count...

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