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GARDNER v. STATE

[No. 16, September Term, 1979.]

286 Md. 520 (1979)

408 A.2d 1317

ROGER EDWARD GARDNER v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided December 13, 1979.

Attorney(s) appearing for the Case

Paul Mark Sandler, with whom were David Freishtat and Freishtat, Schwartz & Sandler on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

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

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

In this case, the primary issue we are asked to decide is whether one conspirator's conviction may stand where the sole co-conspirator is acquitted at a subsequent trial.

The facts are not in substantial dispute and may be set forth briefly. Gardner was a contract killer who conspired with Ralph Lubow to murder Morton Hollander and Alvin Blum. Gardner decided to sub-contract...

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