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LEMONS v. STATE

No. 1591, September Term, 1980.

49 Md. App. 467 (1981)

433 A.2d 1179

MARVIN CECIL LEMONS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 1, 1981.

Attorney(s) appearing for the Case

Peter M. Levin, Assigned Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Diane G. Goldsmith, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Charles P. Lamasa, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before THOMPSON, MELVIN and COUCH, JJ.

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

On May 9, 1980, the grand jury of the City of Baltimore filed in the Criminal Court of Baltimore indictment no. 18013002, charging the appellant, Marvin Cecil Lemons, with the first degree murder of one Debbie Kelly "in the month of October", 1968. Prior to trial, the indictment was amended, without objection, to allege the date of the murder as being November 4, 1971. During the trial, it was again amended (this time...

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