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HARRIS v. STATE

[Nos. 18 and 19, September Term, 1982.]

295 Md. 329 (1983)

455 A.2d 979

JACKIE KEVIN HARRIS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided February 7, 1983.

Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Michael R. Braudes, Assistant Public Defender, on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Stephanie J. Lane, Assistant Attorney General, on the brief, for appellee.

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

COUCH, J., delivered the opinion of the Court. COLE and DAVIDSON, JJ., concur in Part III of the opinion and concur only in the result of Parts I and II. MURPHY, C.J., and SMITH and RODOWSKY, JJ., dissent in part and concur in part. MURPHY, C.J., filed a dissenting and concurring opinion at page 340 infra, in which SMITH, J., concurs; RODOWSKY, J., concurs with views expressed herein, except as to Part I of this opinion.

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