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GILES v. STATE

[No. 312, September Term, 1961.]

229 Md. 370 (1962)

183 A.2d 359

GILES ET AL. v. STATE

Court of Appeals of Maryland.

Motions for rehearing and to stay mandate filed August 16, 1962.

Rehearing denied and stay granted, September 19, 1962.

Attorney(s) appearing for the Case

Stedman Prescott, Jr., and Hal Witt for the appellants.

Robert C. Murphy, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Leonard T. Kardy, State's Attorney for Montgomery County, and James Cromwell, Assistant State's Attorney, on the brief, for the appellee.

Brief of amici curiae filed by Edward L. Genn, Lawrence Speiser, Charles A. Horsky and Richard S. Arnold for the National Capital Area Civil Liberties Union and the American Civil Liberties Union.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, HORNEY, MARBURY and SYBERT, JJ., and HARRIS, J., Chief Judge of the Fourth Judicial Circuit, specially assigned.

Appeal dismissed for want of a substantial Federal quistion, 372 U.S. 767.

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

James V. Giles and John G. Giles were found guilty by a jury of raping a sixteen-year old girl and were sentenced to death. From the judgment and sentence entered on the verdict they have appealed to this Court.

About midnight on July 20, 1961, Joyce Roberts...

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