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STATE v. TULL

[No. 387, September Term, 1964.]

240 Md. 49 (1965)

212 A.2d 729

STATE v. TULL

Court of Appeals of Maryland.

Decided August 20, 1965.

Attorney(s) appearing for the Case

John W. Sause, Jr., Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Wade D. Ward, State's Attorney for Somerset County, and C. Awdry Thompson, State's Attorney for Dorchester County, on the brief, for appellant.

George E. Bahen, Jr., with whom were Hughes & Bahen on the brief, for appellee.

The cause was argued before HAMMOND, HORNEY, MARBURY, OPPENHEIMER and BARNES, JJ.

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

The State has appealed from the granting of a motion for a new trial to the appellee, Tull, filed a month after his judgment and sentence of death for the murder of his wife was affirmed by this Court in Tull v. State, 230 Md. 596. At the original trial Tull's real defense was that he was insane at the time of the killing. Both Dr. William G. Cushard, superintendent of Clifton...

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