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SPENCER v. STATE

No. 1616, September Term, 1992.

97 Md. App. 734 (1993)

632 A.2d 214

ERIC SPENCER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

October 28, 1993.

Attorney(s) appearing for the Case

Nancy M. Cohen, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief) Baltimore, for appellant.

Mary Ann Ince, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore and Alexander Williams, Jr., State's Atty., for Prince George's County of Upper Marlboro, on the brief), for appellee.

Submitted before BISHOP, GARRITY and CATHELL, JJ.

GARRITY, Judge.

Appellant, Eric Spencer, was charged with first degree felony murder and murder in the second degree. On September 29, 1992, a hearing was held in the Circuit Court for Prince George's County (Femia, J., presiding) on appellant's Motion to Dismiss the indictment on the grounds that this prosecution, following an earlier successful prosecution for assault with intent to murder, assault with intent to disable, assault with intent to rob and a related...

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