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GUARDINO v. STATE

No. 663, September Term, 1981.

50 Md. App. 695 (1982)

440 A.2d 1101

WILLIAM RAYMOND GUARDINO v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 5, 1982.

Attorney(s) appearing for the Case

Gary S. Offutt, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Ann E. Singleton, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Robert L. Dean, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MASON and LISS, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Appeals (retired), specially assigned.

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

A fifteen year old high school student complained that William Raymond Guardino had raped her, robbed her, and battered her. He was arrested, indicted, and tried in the Circuit Court for Montgomery County. Twelve of his peers were convinced beyond a reasonable doubt that he had committed the crimes and found him guilty of rape in the second degree,1 robbery, and battery. The trial judge, merging...

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