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COLLINS v. STATE

No. 1583, September Term, 1981.

52 Md. App. 186 (1982)

447 A.2d 1272

LEON COLLINS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 13, 1982.

Attorney(s) appearing for the Case

Arthur A. DeLano, Jr., and Isaac S. Kershner, Assistant Public Defenders, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

William C. Rogers, III, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Joseph E. Moore, State's Attorney for Worcester County, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and LISS, J., and PHILIP M. FAIRBANKS, Associate Judge of the Sixth Judicial Circuit, specially assigned.

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

Leon Collins, appellant, was charged in the Circuit Court for Worcester County with the first-degree murder of Olivia Collins, his wife. The case was originally tried before a jury on January 16, 1981. Upon submission of the issues to the jury it was unable to agree upon a verdict and a mistrial was declared on January 21, 1981. Appellant's motion to dismiss on the basis of double jeopardy was denied by the trial court...

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