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EARHART v. STATE

No. 589, September Term, 1980.

48 Md. App. 695 (1981)

429 A.2d 557

HOWARD EUGENE EARHART v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 13, 1981.

Attorney(s) appearing for the Case

Submitted by Ilene Cohen for appellant.

Submitted by Stephen H. Sachs, Attorney General, Thomas Barbera, Assistant Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Leslie Stein, Assistant State's Attorney for Baltimore City, for appellee.

The cause was submitted on briefs to THOMPSON, MOYLAN and MELVIN, JJ.

MELVIN, J., delivered the opinion of the Court. MOYLAN, J., filed a concurring opinion at page 713 infra.

At a joint trial in the Criminal Court of Baltimore, the appellant, Howard Eugene Earhart, and a codefendant, Shane McCallum, were found guilty by a jury of robbery and murder committed during the commission of the robbery (felony murder). The trial Judge (Greenfeld, J.) merged the robbery conviction into the murder conviction and appellant was sentenced...

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