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PORTER v. STATE

No. 1649, September Term, 1979.

47 Md. App. 96 (1980)

421 A.2d 985

JAMES THOMAS PORTER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 7, 1980.

Attorney(s) appearing for the Case

Douglas R. Taylor for appellant.

Stephen Rosenbaum, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Warren B. Duckett, Jr., State's Attorney for Anne Arundel County, and Marianne Stepler, Assistant State's Attorney for Anne Arundel County, on the brief, for appellee.

The cause was argued before MOYLAN and WILNER, JJ., and IRVING H. FISHER, Associate Judge of the District Court of Maryland for District 5, specially assigned.

FISHER, J., delivered the opinion of the Court. MOYLAN, J., filed a concurring opinion at page 105 infra.

John Robert Culb was shot and killed in the late evening hours of November 1, 1978, during the course of a robbery of the Myersville Gulf station in Myersville, Maryland, where he was employed. Appellant, James Thomas Porter, was convicted of the first degree felony murder of Mr. Culb, robbery with a deadly weapon and two counts of the use of a handgun...

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