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COSTELLO v. STATE

[No. 159, September Term, 1964.]

237 Md. 464 (1965)

206 A.2d 812

COSTELLO v. STATE

Court of Appeals of Maryland.

Decided February 9, 1965.

Attorney(s) appearing for the Case

Charles W. Bell, with whom were Bell & Bell and John T. Bell on the brief for appellant.

Stuart H. Rome, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Leonard T. Kardy and Charles Foster, State's Attorney and Assistant State's Attorney, respectively, for Montgomery County, on the brief, for appellee.

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

OPPENHEIMER, J., delivered the majority opinion of the Court. HORNEY, J., dissents. Dissenting opinion at page 474, infra.

The appellant contends that his sentence upon a conviction for assault was imposed in violation of constitutional and legal mandates. No question is raised as to the conduct of the trial or of his guilt or innocence.

The appellant was convicted of assault by a jury in the Circuit Court for Montgomery County on March 9, 1964. Judge...

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