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BROWN v. STATE

[No. 180, September Term, 1959.]

222 Md. 290 (1960)

159 A.2d 844

BROWN v. STATE

Court of Appeals of Maryland.

Decided April 14, 1960.

Attorney(s) appearing for the Case

Richard M. Pollitt, with whom were Vaughn E. Richardson and Charles E. Edmondson on the brief, for the appellant.

Clayton A. Dietrich, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, C. Burnam Mace, State's Attorney for Dorchester County, Alfred T. Truitt, Jr., State's Attorney for Wicomico County, and Hamilton P. Fox, Jr., Special Assistant State's Attorney for Wicomico County, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

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

The appellant, Johnnie Brown, was indicted by the Grand Jury for Wicomico County on September 9, 1958, on a charge of murder. After various preliminary motions, the case was removed to Dorchester County for trial, the defendant was convicted of murder in the first degree and sentenced to death, but, on appeal, this Court reversed and remanded the case for a new trial (220 Md. 29).

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