SIMMONS v. STATE

[No. 55, September Term, 1981.]

292 Md. 478 (1982)

439 A.2d 581

LARRY BARRBENTON SIMMONS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for reconsideration filed January 27, 1982.

Denied February 2, 1982.


Attorney(s) appearing for the Case

Michael R. Braudes, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Philip M. Andrews, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


Per Curiam. ELDRIDGE, COLE and DAVIDSON, JJ., dissent.

Per Curiam:

In this single criminal cause, petitioner Larry Barrbenton Simmons was charged in the Circuit Court for Baltimore County with two counts of first degree murder. At the ensuing jury trial, Simmons did not dispute that sometime during the late evening or early morning of February 5-6, 1980, he forceably entered the home of his estranged wife and, with...

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