RUSTIN v. STATE

No. 1247, September Term, 1979.

46 Md. App. 28 (1980)

415 A.2d 631

JOHN AUSTIN RUSTIN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 16, 1980.


Attorney(s) appearing for the Case

Michael E. Marr, Assigned Public Defender, with whom was Joseph L. Evans, Assigned Public Defender, on the brief, for appellant.

Ray E. Stokes, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Ann S. Harrington, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before THOMPSON, MOORE and MASON, JJ.


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

John Austin Rustin, the appellant, was convicted by a jury in the Circuit Court for Montgomery County, of robbery with a dangerous weapon and use of a handgun in the commission of a felony. He was sentenced to five years on the robbery conviction and five years on the handgun conviction, the sentences to run consecutively.

I Facts

Kevin H. Boon, a cashier at the Maple Delicatessen, testified that...

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