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BENNETT AND FLYNN v. STATE

[No. 107, September Term, 1964.]

237 Md. 212 (1964)

205 A.2d 393

BENNETT AND FLYNN v. STATE

Court of Appeals of Maryland.

Decided December 17, 1964.

Attorney(s) appearing for the Case

Submitted on brief by Thomas J. Mooney, III, for Anthony J. Bennett, Jr., one of the appellants.

Submitted on brief by Michael F. Freedman and Stanley J. Schapiro for Harvey E. Flynn, Jr., the other appellant.

Submitted on brief by Thomas B. Finan, Attorney General, Stuart H. Rome, Assistant Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Julius Romano, Assistant State's Attorney, for the appellee.

The cause was submitted to PRESCOTT, HORNEY, MARBURY, SYBERT and OPPENHEIMER, JJ.

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

In this case the State produced evidence that at about 2:45 A.M. on June 25, 1963, two men entered the taxicab of Lewis Harris in the 6200 block of Harford Road, one taking the front seat and the other the back seat. They gave a destination in downtown Baltimore. Shortly thereafter, Harris was told that the passenger in the rear desired to get out. As the taxicab was brought to a stop at the curb, the man on the rear...

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