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SYE v. STATE

No. 1472, September Term, 1982.

55 Md. App. 356 (1983)

468 A.2d 641

MICHAEL LEROY SYE AND ANTHONY RUSSELL BATES v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 7, 1983.

Attorney(s) appearing for the Case

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

Ann E. Singleton, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Kurt L. Schmoke, State's Attorney for Baltimore City, and Kerry Fisher, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, LISS and BISHOP, JJ.

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

The appellants, Michael Leroy Sye and Anthony Russell Bates, were tried before a Baltimore City jury, presided over by Judge John R. Hargrove, for the murder of one Earl Lightsey. The appellant Bates was convicted of murder in the first degree; the appellant Sye was convicted of murder in the second degree. Upon this appeal, the appellant Sye alone raises the contention:

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