MITCHELL v. STATE

No. 223, September Term, 1979.

44 Md. App. 451 (1979)

409 A.2d 260

TONY MITCHELL A/K/A GREGORY HOWARD CARPENTER AND FARRAKHAN BEY A/K/A FRANK JAMES GAINEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 21, 1979.


Attorney(s) appearing for the Case

Thomas J. Saunders, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellants.

Stephen Rosenbaum, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, Warren F. Sengstack, State's Attorney for Calvert County, and Stephen L. Clagett, Deputy State's Attorney for Calvert County, on the brief, for appellee.

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


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

On March 4, 1977, three men armed with at least one handgun entered the Knotty Pine Bar and Grill, a tavern owned by Viola and Burton Foote. They proceeded then (1) to take currency and checks from the tavern cash register and safe, from Viola Foote's purse, and from Marcus Gantt, a customer who entered the establishment while the robbery was in progress, (2) to shoot and kill John Bishop, an employee of the tavern,...

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