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GAINER v. STATE

No. 20, September Term, 1978.

40 Md. App. 382 (1978)

391 A.2d 856

PATTON FULTON GAINER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 11, 1978.

Attorney(s) appearing for the Case

Michael R. Malloy, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Michael A. Anselmi, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Mark Cohen, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MORTON, MOORE and COUCH, JJ.

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

At a jury trial in the Criminal Court of Baltimore (Kaplan, J., presiding) appellant was convicted of murder in the second degree and was sentenced to a term of 22 years' imprisonment. On this appeal, he assigns error principally in the trial court's refusal to grant an instruction, under the "castle" doctrine, that there was no duty on his part to retreat because appellant...

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