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DETORO v. STATE

[No. 176, September Term, 1961.]

227 Md. 551 (1962)

177 A.2d 847

DETORO v. STATE

Court of Appeals of Maryland.

Decided February 19, 1962.

Attorney(s) appearing for the Case

W. Emerson Brown, Jr., with whom were Brown & Allen on the brief, for appellant.

Eli Baer, Special Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Joseph S. Kaufman, Deputy Attorney General, Saul A. Harris, State's Attorney and John Paul Rogers, Assistant State's Attorney of Baltimore City, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HAMMOND, HORNEY, MARBURY and SYBERT, JJ.

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

After his conviction of murder in the first degree by the court below (sitting without a jury), denial of a new trial by the Supreme Bench of Baltimore City, and sentence of death by administration of lethal gas, Percy DeToro appealed on the ground that the evidence was insufficient to sustain the verdict.

Sometime after midnight the appellant awakened Beatrice, the...

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