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SWAIN v. STATE

No. 94, September Term, 1981.

50 Md. App. 29 (1981)

435 A.2d 805

JOHN SWAIN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 9, 1981.

Attorney(s) appearing for the Case

John L. Kopolow, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Philip M. Andrews, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Barry Hamilton, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before LOWE, COUCH and WEANT, JJ.

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

John Swain was charged by indictment filed November 16, 1979, with premeditated murder and use of a handgun in the commission of a felony. He pleaded not guilty and not guilty by reason of insanity, and elected a jury trial. The trial commenced on July 28, 1980 in the Circuit Court for Montgomery County.

On August 6, 1980, the jury found Mr. Swain to have been sane at the time of the offense, and to be guilty...

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