TICHNELL v. STATE

[Nos. 73 and 104, September Term, 1979.]

287 Md. 695 (1980)

415 A.2d 830

RICHARD DANNY TICHNELL v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided June 10, 1980.


Attorney(s) appearing for the Case

Clark B. Frame, with whom was G. Gary Hanna on the brief, for appellant.

George E. Burns, Jr., Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Thomas J. Saunders, Assistant Public Defender, on the brief, for the Office of the Public Defender as amicus curiae.

Stephen H. Sachs, Attorney General, and Deborah K. Handel, Assistant Attorney General, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


MURPHY, C.J., delivered the opinion of the Court. COLE and DAVIDSON, JJ., concur in the result and filed concurring opinions at page 745 infra.

In the early morning hours of January 18, 1979, Richard Tichnell and a confederate, Oscar Recek, broke into Davidson's Army-Navy Surplus Store near Oakland, Garrett County, Maryland, and stole ten handguns. Within minutes after leaving the store, Tichnell was accosted by Deputy...

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