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GOODMUTH v. STATE

Nos. 38 and 76, September Term, 1984.

302 Md. 613 (1985)

490 A.2d 682

CHARLES VINCENT GOODMUTH v. STATE OF MARYLAND. KENNETH FRANKLIN PIERCE BEACH v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 9, 1985.

Attorney(s) appearing for the Case

Michael R. Malloy, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellant in both cases.

Deborah K. Chasanow, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on the brief), for appellee in both cases.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

ELDRIDGE, Judge.

The single issue in both of these criminal cases is whether the trial judges erred in giving traditional Allen instructions1 before the juries began their deliberations.

In No. 38, Charles Goodmuth was indicted in the Circuit Court for Howard County on charges of burglary, theft and malicious destruction of property, and he elected a jury trial. After defining the offenses charged, the trial judge concluded...

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